The LA Times reported last week on a major violation of health insurance laws by the huge private health insurer, Blue Cross. (Or, as they’re now called in California, “Anthem Blue Cross”).
The California Blue Cross division is under fire for pre-planning rescissions. As I mentioned a few posts ago, rescissions are the heavy artillery behind insurance cancellation. They allow private insurers to find discrepancies in your original application (an abnormal PAP smear, for example) and swing on that “error” to retroactively deny you coverage. Their claim is that the omitted information would have altered their original decision to approve you for a plan, and in some cases that's a valid claim. But Anthem Blue Cross has apparently been taking this process a little too far—by planning their rescissions in advance, and acting against health insurance laws.
Rocky Degadillo, an attorney for the city of Los Angeles, even went so far as to say that “countless Californians who believe they have insurance actually have policies that aren't worth the paper they're printed on” [1]. Not exactly a reassuring sentiment for policy-holders who have already dished out thousands in monthly payments.
Those with individual insurance, such as many self-employed or unemployed citizens, are being hit the hardest.
While the HIPAA (Health Insurance Portability and Accountability Act) makes it easier for people with pre-existing health conditions to get insurance through work, health protection for individuals remains subject to cancellations via rescission, outright denials for pre-existing conditions, and exorbitant premiums and monthly charges.
What can I do if my health insurance plan has been rescinded?
If your policy was rescinded and you believe that it was done so unfairly, you may still be able to get coverage. If you are in California, you should be also aware that past rescissions by Blue Cross are currently being reconsidered, which means that you could get retroactive reimbursement for surgeries, procedures, and other work done if you were uninsured because of a canceled policy.
Get
in contact with a personal injury attorney and explain your
situation.
A few minutes of discussion can give you a professional look at your options and allow you to make an educated approach to getting your health insurance back and your debt repaid.
You can also discuss your policy or issues with your health insurance on our Personal Injury and Accident Law Forum.
by Kate Beall
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