Navigation Links
Consumer Advocates Call for Governor to Make Good on His Promise to Protect Patients From Illegal Cancellations of Health Insurance
Date:3/27/2008

Recently, the Department of Managed Health Care released draft regulations that clearly require a showing of willful misrepresentation before a policy is rescinded:

(b) No subscriber contract shall be cancelled or rescinded because of a misstatement or omission in the coverage contract, unless the misstatement or omission is a result of the applicant's willful misrepresentation and the omitted information would have been a basis for denial of coverage pursuant to the plan's underwriting criteria, guidelines, policies, and procedures.

In a survey[3] released on March 22, 2007, the DMHC sharply criticized Blue Cross of California for "routinely rescinding health insurance policies in violation of state law." In the report, the DMHC argued that SS 1389.3 requires a showing of willful misrepresentation in all cases before a health plan may rescind any enrollee's coverage.

The survey found that out of 90 patient complaints reviewed, Blue Cross illegally rescinded coverage in each case by failing to show willful misrepresentation. According to page two of the report,

"[i]n all 90 case files, there was no evidence [that Blue Cross], before rescinding coverage, investigated or established that the applicant's omission/misrepresentation was willful."

On page four of its amicus curiae brief for the Hailey v. Blue Shield appeal, the Department clearly articulated that,

[b]ecause of the catastrophic consequences of losing health care coverage, and in furtherance of the consumer protection purpose of the Knox-Keene Act, the Legislature enacted SS 1389.3 . . . .[which] expressly prohibits post-claims underwriting and allows a health plan to rescind overage only in cases where it has met its burden of demonstrating that the consumer willfully misrepresented his or her health history. (emphasis added)

On page 14, the Department concluded that a showing of willful misrepresentation is necessary even if the health
'/>"/>

SOURCE Consumer Watchdog
Copyright©2008 PR Newswire.
All rights reserved

Page: 1 2 3 4 5

Related medicine news :

1. Governor Rendell Announces Own Your Future Campaign; Urges Consumers to Better Plan Their Long-Term Care Needs
2. American Specialty Health and INSPIRIS Win Top Honors in URACs Best Practices in Consumer Empowerment and Protection Awards
3. Winners of Best Practices in Consumer Empowerment and Protection Awards to be Announced at Conference
4. Nordic Naturals Named Top-Rated Supplement Brand in ConsumerLab.com Survey of Vitamin and Supplement Users!
5. Quixtar Files Suit Against MonaVie To Protect Consumers, Halt Unfair Competition
6. New EBRI/Commonwealth Fund Research: Enrollment in Consumer-Driven Plans Remains Low, Survey Shows
7. Sergeants(R) Pet Care Products Acquires the Consumer Brand Division of Virbac Corporation
8. Consumer Organization Calls for End to Physician Self-Referral
9. Healthcare Tech and the World: Personalized Technology to Benefit Healthcare Consumers in the Future
10. More Companies, Workers Adopt Consumer-Directed Health Plans
11. Consumer Advocate Speaks Out Against Bill Allowing Invasions of Medical Privacy; Author Received $21k from Bill Benefactors
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:10/1/2014)... Philadelphia, PA, October 1, 2014 Patients with ... treatment, have a greatly increased risk of depression. ... therapy for chronic hepatitis C virus infection causes ... Omega-3 fatty acids, more commonly known as fish ... including lowering the risk of heart disease and ...
(Date:10/1/2014)... (PRWEB) October 01, 2014 Insuranceragents.info ... find a good life insurance plan for vulnerable family ... for vulnerable family members. Providers in the family should ... will cause financial hardships for the rest of the ... of policies. Families can benefit more from temporary coverage ...
(Date:10/1/2014)... 01, 2014 T.E.N., a ... relationship-marketing firm, announced today the nominees vying ... Project of the Year Awards for North ... organizations in financial services, commercial, health care, ... endeavors that address key issues in the ...
(Date:10/1/2014)... (PRWEB) October 01, 2014 Between 23 ... in the U.S., according to figures from the National ... Diseases Association (AARDA), and many of them have something ... of having undiagnosed celiac disease. Gluten Free Therapeutics, ... awareness of undiagnosed celiac disease by publishing a series ...
(Date:10/1/2014)... 2014 Scientists at the University of ... target immune system proteins has the power to knock ... details of the new study on their website. ... Researchers in the UWA School of Pathology and Laboratory ... mice with mesothelioma with promising results. , “A ...
Breaking Medicine News(10 mins):Health News:Omega-3 fatty acids may prevent some forms of depression 2Health News:Life Insurance for Families - Clients Can Compare Affordable Rates Online! 2Health News:T.E.N. Announces Nominees for the 2014 ISE® North America Awards; People’s Choice Award voting now open to industry at large 2Health News:T.E.N. Announces Nominees for the 2014 ISE® North America Awards; People’s Choice Award voting now open to industry at large 3Health News:T.E.N. Announces Nominees for the 2014 ISE® North America Awards; People’s Choice Award voting now open to industry at large 4Health News:T.E.N. Announces Nominees for the 2014 ISE® North America Awards; People’s Choice Award voting now open to industry at large 5Health News:T.E.N. Announces Nominees for the 2014 ISE® North America Awards; People’s Choice Award voting now open to industry at large 6Health News:T.E.N. Announces Nominees for the 2014 ISE® North America Awards; People’s Choice Award voting now open to industry at large 7Health News:Informative New Blog Series Underscores Link Between Celiac Disease and Other Autoimmune Disorders 2Health News:Informative New Blog Series Underscores Link Between Celiac Disease and Other Autoimmune Disorders 3Health News:New Mesothelioma Study Says Mice Cured by Immuntherapy “Cocktail”, Reports Surviving Mesothelioma 2
... MINNEAPOLIS, July 14 Biotel Inc. (OTC Bulletin Board: ... terminating the Merger Agreement with Biotel due to a failure ... Biotel believes it has complied with all terms of the agreement ... representations to Biotel. Biotel is considering its legal options. , ...
... , , NASHVILLE, Tenn., ... payment cycle solutions, today announced participation through eRx Network, Emdeon,s pharmacy ... , a revolutionary emergency preparedness tool that is triggered under a ... providers access to critical services during a disaster. , ...
... during disaster operations or avalanche victims be found ... systems with terrestrial locating aids and situation-dependent sensory ... during their missions: poisonous, harmful gases, blocked escape ... head of the operation needs to know where ...
... , PARSIPPANY, N.J., July 14 alli spokeswoman ... Music Hall of Fame in Nashville to celebrate her progress since ... and just having more energy and feeling better. The concert was ... made a commitment to live healthier lives. , ...
... 14 A new Mayo Clinic study found ... is better at predicting who will develop Alzheimer,s disease ... piece of information to aid in the identification and early ... study will be presented at the Alzheimer,s Association International Conference ...
... , , , ... , DENVER, July 14 Atkins Nutritionals, Inc. ("Atkins(TM)"), with ... products: a new All Purpose Baking Mix and Penne Pasta that has ... following the Atkins Nutritional Approach or those looking to reduce the refined ...
Cached Medicine News:Health News:Emdeon To Collaborate With Rx Response in Critical Pharmacy Disaster Reporting 2Health News:Emdeon To Collaborate With Rx Response in Critical Pharmacy Disaster Reporting 3Health News:Safely on the move 2Health News:Wynonna Judd Celebrates Her Progress on alli With Private Concert at Legendary Venue 2Health News:Wynonna Judd Celebrates Her Progress on alli With Private Concert at Legendary Venue 3Health News:Mayo Clinic Study Continues to Refine Most Effective Methods to Predict Alzheimer's Disease 2Health News:Mayo Clinic Study Continues to Refine Most Effective Methods to Predict Alzheimer's Disease 3Health News:Bread, Pancakes and Pasta on Atkins? Yes, That's Right! 2Health News:Bread, Pancakes and Pasta on Atkins? Yes, That's Right! 3
(Date:10/1/2014)... 2014   Plexus Information Systems, Inc. ... Management Systems (AIMS), announced a partnership with ... owned subsidiary of Quality Systems, Inc. and a ... solutions.  Logo - http://photos.prnewswire.com/prnh/20140930/149406 ... This partnership extends the NextGen Healthcare product ...
(Date:10/1/2014)... -- NeuroCall, Inc., ("NeuroCall") announced today that it recently ... services. Dr. Ricardo Garcia-Rivera , Founder and Chief ... that our quality of service has been recognized by ... support and continuity of care to patients of our ... United States ." NeuroCall currently ...
(Date:10/1/2014)... SAN MARCOS, Texas , Oct. 1, 2014 ... that it is scaling volume production of photoactive ... solar power technologies . While offering numerous advantages ... difficulty of producing large quantities of quantum dots ... has until now kept them from commercial utilization ...
Breaking Medicine Technology:Plexus IS' Anesthesia Documentation Solution Strengthens NextGen Healthcare Product Offering 2Plexus IS' Anesthesia Documentation Solution Strengthens NextGen Healthcare Product Offering 3NeuroCall Awarded Joint Commission Accreditation 2Quantum Materials Scaling Up Photoactive Quantum Dot Production for Solar Power Generation 2Quantum Materials Scaling Up Photoactive Quantum Dot Production for Solar Power Generation 3
... Sun Med TruFlow™ Oxygen flowmeter with a ... warranty covering calibration and manufacturing defects. A ... meet most needs. Also available with all ... power take-off and double unit configurations. Our ...
... adults, the entire series of time-tested Timeter® ... the needs of care providers and patients ... accuracy. You can see it in the ... performance, year after year. Every Timeter® Classic ...
The Soft-Touch Timeter® Flowmeter is durable, long-lasting and easy to maintain. Timeter ® by Allied Flowmeters: Quality Plus Value....
The Soft-Touch Timeter® Flowmeter is durable, long-lasting and easy to maintain. Timeter ® by Allied Flowmeters: Quality Plus Value....
Medicine Products: