THE WELCH COMPANY
440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700
rodwelch@pacbell.net


S U M M A R Y


DIARY: October 18, 2007 04:41 PM Thursday; Rod Welch

AARP article reports confusion Medicare, HMO, supplemental Medigap insurance.

1...Summary/Objective
2...HMO Managed Care Insurance Policies Misleading Sales Representations
........Misleading Marketing HMO Insurance Not Medigap Policy
........New Rules Require Accurate Sales Representations HMO Policies
........Marketing Sales Misrepresentations Misleading HMO Managed Care
........Misrepresentation HMO Managed Care Not Medigap Supplemental Health Insurance
........Kaiser Senior Advantage Not Supplemental Medicare Insurance
........Customers Baffled Differences HMO and Supplemental Medicare Insurance
........Confused Customers Differences HMO and Supplemental Medicare Insurance
........HMO Customers Can Cancel Medicare Advantage Policies
........HMO Insurance Policies Some Have No Doctors to Provide Care
........PFFS Private Fee For Service Medicare Some Have No Doctors


..............
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AARP Article 071010 Don't Fall for the Hard  Sll Some Beneficiaries

4203 -
4203 -    ..
4204 - Summary/Objective
4205 -
420501 - Follow up ref SDS 7 0000, ref SDS 5 H75F.
420502 -
420503 -
420504 -
420505 -
420507 -  ..
4206 -
4207 -
4208 - Progress
4209 -
420901 - HMO Managed Care Insurance Policies Misleading Sales Representations
420902 -
420903 - During treatment today at UCSF, Flora showed Millie an article in AARP
420904 - on confusion in health care insurance sales representations.
420905 -
420906 -           http://www.aarp.org/bulletin/medicare/dont_fall_for_the_hard_sell.html
420907 -
420908 -    1.  Don't Fall for the Hard Sell
420909 -
420910 -        Some beneficiaries have been duped into buying Medicare
420911 -        Advantage plans. ref OF 1 0001
420913 -         ..
420914 -        By Patricia Barry
420916 -         ..
420917 -        October 2007
420919 -         ..
420920 -    2.  Annual enrollment for Medicare's medical and prescription drug
420921 -        plans begins next month-and officials are scrambling to stop
420922 -        deceptive and fraudulent tactics some salespeople have used to
420923 -        sell beneficiaries Medicare Advantage (MA) plans they don't
420924 -        want or understand. ref OF 1 Q84M
420925 -
420927 -         ..
420928 -        Misleading Marketing HMO Insurance Not Medigap Policy
420929 -        New Rules Require Accurate Sales Representations HMO Policies
420930 -        Marketing Sales Misrepresentations Misleading HMO Managed Care
420931 -        Misrepresentation HMO Managed Care Not Medigap Supplemental Health Insurance
420932 -
420933 -    3.  The Centers for Medicare & Medicaid Services (CMS), the federal
420934 -        agency that oversees the private insurers offering the plans,
420935 -        has issued new rules aimed at ensuring that salespeople give
420936 -        honest, accurate information so enrollees know what they're
420937 -        signing up for. ref OF 1 6U5H
420939 -  ..
420940 - The article goes on to report Medicare patients are incurring charges
420941 - for coinsurance in the range of $16K per year. ref SDS 0 CS4T
420943 -  ..
420944 - On 070917 research shows Kaiser tells customers they can cancell
420945 - supplemental Medicare policies for Medigap after signing up for Kaiser
420946 - Senior Advantage. ref SDS 2 EZ56
420948 -  ..
420949 - On 070927 Millie was advised in 2004 that Kaiser Senior Advantage
420950 - would continue care for her continuing cancer condition. ref SDS 5
420951 - MS3K
420953 -  ..
420954 - On 071006 Millie received billings for coinsurance that cost $15K -
420955 - $20K per year above insurance premiums paid to Kaiser and Medicare.
420956 - ref SDS 6 PRWW
420958 -             ..
420959 -            [On 071128 Kaiser Appeals Committee approved payment for
420960 -            Millie's care on referral to UCSF. ref SDS 8 JZ5R
420962 -  ..
420963 - AARP article on HMO sales abuses confusing coverage continues...
420965 -         ..
420966 -        Kaiser Senior Advantage Not Supplemental Medicare Insurance
420967 -        Customers Baffled Differences HMO and Supplemental Medicare Insurance
420968 -        Confused Customers Differences HMO and Supplemental Medicare Insurance
420969 -
420971 -         ..
420972 -    4.  Many consumer advocates say, however, that while the rules will
420973 -        help reduce marketing abuse, they don't address underlying
420974 -        issues in the 2003 Medicare legislation that gave rise to it in
420975 -        the first place.  An AARP Bulletin investigation, based on
420976 -        complaints from readers, bears out that conclusion.  It also
420977 -        shows that many beneficiaries are baffled about the differences
420978 -        between the kinds of Medicare insurance and need a better grasp
420979 -        of how private Medicare Advantage plans work and how to avoid a
420980 -        hard sell. [see "How Do Medicare Plans Differ?"] and how to
420981 -        avoid a hard sell [see "Don't Get Tricked or Pressured"],
420982 -        ref OF 1 006N
420983 -
420984 -           [On 090604 1534 60% bankruptcies due to medical billings,
420985 -           Reuters article reports study. ref SDS 9 QW5H
420987 -         ..
420988 -    5.  The scale of abuse came to light earlier this year when the
420989 -        insurance commissioners of 37 states reported that thousands of
420990 -        beneficiaries had fallen victim to illegal or unethical
420991 -        hard-sell tactics used to sign them up for Medicare Advantage
420992 -        plans, which cover everything the original Medicare plan covers
420993 -        and often cost less but have more restrictions on access to
420994 -        doctors and hospitals. ref OF 1 008O
420996 -  ..
420997 - On 070917 confusion about Kaiser Senior Advantage not being Medigap
420998 - supplemental Medicare policy evident from letter to UCSF demanding
420999 - billings for coinsurance go to Kaiser. ref SDS 3 I53Y
421001 -  ..
421002 - On 070924 UCSF responds cites Millie's insurance coverage Kaiser
421003 - Senior Advantage does not provide supplemental Medicare policy
421004 - coverage commonly called medigap. ref SDS 4 EZ5J
421006 -  ..
421007 - AARP article on HMO sales abuses confusing coverage continues...
421008 -
421009 -    6.  "In the most troubling of these cases, unscrupulous agents have
421010 -        enrolled beneficiaries with dementia into an inappropriate
421011 -        plan," Wisconsin insurance commissioner Sean Dilweg told
421012 -        Congress in May. ref OF 1 OU7K
421014 -         ..
421015 -    7.  Some people said insurance agents told them original Medicare
421016 -        was "closing down," so they should join an MA plan to keep
421017 -        coverage.  Others thought they were buying medigap
421018 -        supplementary insurance or a drug plan but found later they'd
421019 -        been enrolled in an MA plan covering all their medical care.
421020 -        That meant they were automatically moved out of original
421021 -        Medicare and, in some cases, lost their retiree health
421022 -        benefits. ref OF 1 004Q
421024 -         ..
421025 -    8.  About 7 million of Medicare's 43 million beneficiaries are in
421026 -        MA plans.  Dilweg and other experts emphasize that most people
421027 -        are not tricked into buying such plans, and that enrollees
421028 -        pleased with their care need not be alarmed.  But when abuse
421029 -        does occur, the consequences can be devastating. ref OF 1 9W8M
421031 -         ..
421032 -    9.  Bobby Box, 76, a retired construction worker in Chickasha,
421033 -        Okla., was content with coverage from original Medicare and his
421034 -        veterans benefits.  But last December a saleswoman sold him a
421035 -        plan for a Medicare HMO that he didn't want. "She said it was a
421036 -        supplementary insurance that paid what Medicare didn't," he
421037 -        says. "She lied to me." ref OF 1 00EJ
421039 -  ..
421040 - On 071006 Millie received billings for coinsurance that cost $15K -
421041 - $20K per year above insurance premiums paid to Kaiser and Medicare.
421042 - ref SDS 6 PRWW
421043 -
421044 -            [On 071128 Kaiser Appeals Committee approved payment for
421045 -            Millie's care on referral to UCSF. ref SDS 8 JZ5R
421047 -  ..
421048 - AARP article continues...
421049 -
421050 -   10.  Soon afterward, Box was rushed to the hospital in a coma,
421051 -        running up a $45,000 bill during a 10-day stay.  Only when the
421052 -        plan refused to pay did Box realize he was in an HMO, which
421053 -        limits treatment to doctors and hospitals in its network.  In
421054 -        fact, all MA plans are obliged to cover emergency care, and
421055 -        Box's plan eventually did so-but only after his state insurance
421056 -        office intervened. ref OF 1 8X9O
421058 -         ..
421059 -   11.  In addition, while still believing he was in original Medicare
421060 -        and able to use any hospital, Box had begun radiation treatment
421061 -        for prostate cancer at a facility outside the HMO's network.
421062 -        "Now I'm still stuck with a $16,000 bill," he said in August,
421063 -        four months after disenrolling from the HMO. ref OF 1 00GN
421064 -
421065 -           [On 090604 1534 60% bankruptcies due to medical billings,
421066 -           Reuters article reports study. ref SDS 9 QW5H
421068 -         ..
421069 -   12.  Evan Edwards, of Ruby, Mich., has been dunned by a debt
421070 -        collection agency for over $800 in bills run up after being
421071 -        enrolled in an HMO by a saleswoman who told him it was a
421072 -        special MA plan for veterans that would cost him nothing.  No
421073 -        such plan exists.  The actual plan she enrolled him into had
421074 -        all the usual HMO charges. ref OF 1 QX5H
421076 -         ..
421077 -   13.  CMS officials say that Box, Edwards and others who incur
421078 -        expenses after enrolling in an MA plan under false pretenses or
421079 -        because of confusion over its terms won't have to pay those
421080 -        bills. "They need to contact us and ask for a retroactive
421081 -        reenrollment into original Medicare," says Abby Block, director
421082 -        of CMS's Center for Beneficiary Choices. "Their bills will be
421083 -        paid by Medicare." ref OF 1 00AP
421084 -
421086 -         ..
421087 -        HMO Customers Can Cancel Medicare Advantage Policies
421088 -
421089 -   14.  In July, in response to the crescendo of complaints, CMS also
421090 -        decreed that beneficiaries who believe they've been misled into
421091 -        joining an MA plan have the right to apply for a special
421092 -        enrollment period in which they can return to original Medicare
421093 -        (and their supplementary medigap policy if they had one) or
421094 -        switch to another MA plan. ref OF 1 606L
421096 -         ..
421097 -   15.  Beneficiaries who are aware of this new policy could be saved
421098 -        from the hassles others have had in trying to disengage from an
421099 -        offending plan.  Elinor Hogan, a retired nurse in Sarasota,
421100 -        Fla., knew she didn't want the HMO plan that the "pushy"
421101 -        saleswoman was trying to sell her. "But I was recently widowed,
421102 -        grieving and stressed in the aftermath of caring for my
421103 -        husband, who died of cancer," she says. "I signed just to get
421104 -        her out of the house." ref OF 1 00CT
421105 -
421107 -         ..
421108 -        HMO Insurance Policies Some Have No Doctors to Provide Care
421109 -
421110 -   16.  A few days later, after finding that none of her doctors or the
421111 -        local hospital accepted the plan, Hogan withdrew her
421112 -        enrollment, as the agent told her she could, thinking that was
421113 -        the end of it.  It wasn't.  It took six months of phone calls
421114 -        to finally disenroll and get back onto original Medicare.
421115 -        ref OF 1 834F
421116 -
421118 -         ..
421119 -        PFFS Private Fee For Service Medicare Some Have No Doctors
421120 -
421121 -   17.  "I should never have had to go through this nightmare," Hogan
421122 -        says, "all because of that insensitive, fraudulent agent." The
421123 -        vast majority of complaints about marketing abuses, according
421124 -        to CMS and state insurance commissioners, are directed at a new
421125 -        Medicare Advantage product, private fee-for-service (PFFS)
421126 -        plans, which now have 1.5 million enrollees.  The main sales
421127 -        pitch for these plans is that enrollees can go to any doctor or
421128 -        hospital they choose, anywhere in the country.  But in
421129 -        practice, many people have found that the providers they want
421130 -        won't accept PFFS plans. ref OF 1 015W
421132 -  ..
421133 - Kaiser may have presented Millie to UCSF under PFFS requirements
421134 - related to Kaiser's incorrect "self-referral" theory, resulting in
421135 - payment below market rates at UCSF, illustrated by spreadsheet
421136 - reviewed on 070830. ref SDS 1 WP5I
421138 -  ..
421139 - AARP article on HMO sales abuses confusing coverage continues...
421140 -
421141 -   18.  The plans "are now required to have a disclaimer in all of
421142 -        their marketing materials saying that not all providers will
421143 -        accept a PFFS plan," says Block of CMS, and that enrollees will
421144 -        be covered only if the providers agree to the plan's terms and
421145 -        conditions. ref OF 1 01EW
421147 -         ..
421148 -   19.  Physician groups and consumer advocates say, however, that this
421149 -        requirement will not change a fundamental problem: that by law
421150 -        PFFS plans (unlike MA managed care plans) do not have to
421151 -        contract with any providers before policies are sold.  Instead,
421152 -        a doctor or hospital that treats an enrollee is automatically
421153 -        "deemed" to have agreed to the plan's terms and payment
421154 -        conditions-without any negotiation between the provider and the
421155 -        plan having taken place. ref OF 1 L56F
421157 -         ..
421158 -   20.  Consequently, says Elizabeth McNeil, vice president of the
421159 -        California Medical Association, many doctors will have nothing
421160 -        to do with PFFS plans. "It isn't a good arrangement," she says.
421161 -        "PFFS plans must have to adhere to the rules that other [MA]
421162 -        plans must adhere to or they should be eliminated." ref OF 1
421163 -        01HQ
421165 -         ..
421166 -   21.  It can be difficult if not impossible for beneficiaries to know
421167 -        in advance whether a doctor or hospital will accept a PFFS
421168 -        plan.  Moreover, the law allows providers to decide if they
421169 -        will accept the plan each time the patient seeks treatment.
421170 -        People enrolled in a PFFS plan sponsored by employers or unions
421171 -        may be stuck with it, like an 80-year-old former teacher near
421172 -        Phoenix (who doesn't want her name used).  A breast cancer
421173 -        survivor who needs an annual mammogram and has an ailing
421174 -        husband who can't be left alone, she was horrified to find that
421175 -        the nearest hospital that would accept her PFFS plan was 70
421176 -        miles away. ref OF 1 DB7J
421178 -         ..
421179 -   22.  Her retirement system switched its enrollees from supplementary
421180 -        insurance to a PFFS plan this year. "They've put me in a
421181 -        position where I'm paying my monthly dues for health insurance
421182 -        and I'm unable to use it," she says.  Her only option, she
421183 -        adds, is to cancel the benefits she worked for and paid into
421184 -        for 35 years. ref OF 1 01BW
421186 -         ..
421187 -   23.  Only about 15 percent, or 225,000, of PFFS enrollees are in
421188 -        employer-sponsored plans, but this is a new market that could
421189 -        rapidly expand.  The plans' sales pitch that enrollees can see
421190 -        any provider is attractive to employers or unions with retirees
421191 -        scattered all over the country. ref OF 1 KB9G
421193 -         ..
421194 -   24.  Block of CMS acknowledges a lack of providers in some areas.
421195 -        But she says that educating providers and PFFS plans to become
421196 -        "more comfortable" with each other will change that. "If
421197 -        providers better understand the [PFFS] product and the payment
421198 -        mechanisms and get appropriate assurances that this is
421199 -        something they can work with, we will see very different
421200 -        attitudes in the provider community," she says. "So I think the
421201 -        situation will get a lot better." ref OF 1 01DY
421203 -         ..
421204 -   25.  David Lipschutz, staff attorney for California Health
421205 -        Advocates, who has studied PFFS plans, disagrees. "Unless
421206 -        there's a fundamental sea change in providers' attitudes toward
421207 -        these plans and the way the plans operate," he says, "they will
421208 -        continue to cause problems for people." ref OF 1 01FX
421210 -         ..
421211 -   26.  As for marketing abuses, the American Health Insurance Plans
421212 -        trade group has "zero tolerance" toward them, says spokesman
421213 -        Mohit Ghose.  Earlier this year the major insurers that sell
421214 -        PFFS plans-BlueCross BlueShield of Tennessee, Coventry, Humana,
421215 -        Sterling, United HealthCare, Universal American Financial Corp.
421216 -        and Wellcare-voluntarily agreed to suspend marketing while
421217 -        drawing up a new code of conduct to curb abuse.  CMS has since
421218 -        made these practices the rule. ref OF 1 PC5F
421220 -         ..
421221 -   27.  But this doesn't satisfy state insurance commissioners who
421222 -        complain that federal law doesn't allow them to pursue Medicare
421223 -        Advantage plans for fraud or head off some abuses in advance,
421224 -        as they can in other insurance markets. "Our hands are tied,"
421225 -        says commissioner Dilweg, who has 22 companies offering 92
421226 -        Medicare plans in his state and received more than 700
421227 -        complaints about them in a single year. ref OF 1 01H2
421229 -         ..
421230 -   28.  Nor does the insurers' new code of conduct change the fact that
421231 -        agents are paid much higher commissions for selling MA plans
421232 -        (especially PFFS plans) than for drug plans or medigap
421233 -        insurance-a practice that critics say only encourages hard-sell
421234 -        sign-ups. ref OF 1 2D6L
421236 -         ..
421237 -   29.  By way of full disclosure, AARP is making available in 2008 a
421238 -        Medicare Advantage managed care plan underwritten by United
421239 -        HealthCare. ref OF 1 01KU
421241 -         ..
421242 -        Copyright 1995-2007, AARP. All rights reserved, ref OF 1 ZE3K
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4213 -