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Dr. Office Failed to get Pre-Authorization

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New York

I was diagnosed with Neuromyelitis optica (NMO), which is a central nervous system disorder that primarily affects the eye nerves (optic neuritis) and the spinal cord (myelitis) in 2012. I became completely blind or 18 days, and although they were able to restore some vision I cannot see out of my right eye and am legally blind.

I have Medicare and my Managed care insurance was switched on 2/19 at which time I made an appointment with my primary Dr D to obtain an authorization for my Neurologist and provided the authorization to them at their office. On 3/27/19 I had an appointment with Dr. V, and before so provided my Emblem insurance card to the billing representative and paid my $50 co-pay. After my appointment with Dr V I proceeded to the Infusion Dept as usual for the treatment of Rituxan I have been receiving for close to six years.

On 5/28/19 I called Dr V office to verify that that authorization was sent to the insurance. They ask that you call a few days in advance to ensure that your seat is reserved, however because I have had several issues in the past, I wanted to make sure. I was told that they hadn’t but would before the treatment. I was called on 6/24/19 and informed that they had sent a request for authorization and that the insurance company was requesting information from Dr V which the office faxed to the insurance on 6/21/19. Apparently, the process of deciding took about six days and that I was unlikely that I would receive

Assuming that the insurance company was at fault I began to do my own research. I couldn’t understand why they would cover the treatment in March and not June. As it turns out the Dr office never requested authorization for the March treatment, and as a result there is a 30k bill the insurance is denying payment for. Not only that I was hospitalized on 7/7/19 due to experiencing a NMO flare which has resulted in my vision becoming more limited and numbness in both legs, arms, and my breathing being labored. I was in the process of studying for a business certification to emancipate myself from Medicare which I don’t think I can continue because of vision issues as well as the fear that something like this will happen again. Is there anything I can do legally?
 


Taxing Matters

Overtaxed Member
Is there anything I can do legally?
Look over your insurance contract to see if you have appeal rights for the denial of benefits. You may have a limited time to do that and it may be necessary before you may sue the insurer for denying you benefits. You may also consult a personal injury attorney to see about suing the doctor's office for negligence and breached of an implied or express contract. The attorney can also look over your insurance agreement to see if the insurer is properly denying you benefits, too. While in general it is the patient's obligation to get the authorization, the doctor in this case apparently agreed to undertake the obligation to get the authorization for you. That may be a contract for which you can sue for breach. Even if not a contract, the doctor did agree to assume the duty to get authorization, and having done that the doctor had to undertake that obligation with due care, and if that was not done then the doctor was negligent. This would NOT be a medical malpractice claim so you don't need a lawyer who specializes in that.
 

quincy

Senior Member
I agree with Taxing Matters that this appears to be a contractual issue and not a medical or health care malpractice issue.

Your post was reported to have real names edited out of it, this for the protection of both you and the doctors whose names were mentioned.
 
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Look over your insurance contract to see if you have appeal rights for the denial of benefits. You may have a limited time to do that and it may be necessary before you may sue the insurer for denying you benefits. You may also consult a personal injury attorney to see about suing the doctor's office for negligence and breached of an implied or express contract. The attorney can also look over your insurance agreement to see if the insurer is properly denying you benefits, too. While in general it is the patient's obligation to get the authorization, the doctor in this case apparently agreed to undertake the obligation to get the authorization for you. That may be a contract for which you can sue for breach. Even if not a contract, the doctor did agree to assume the duty to get authorization, and having done that the doctor had to undertake that obligation with due care, and if that was not done then the doctor was negligent. This would NOT be a medical malpractice claim so you don't need a lawyer who specializes in that.
I requested a copy of the denial, and according to my Neurologists office they appealed and was denied again even though the insurance company claims there was no appeal. I am waiting for a copy of the appeal, and will call again Monday in regards to it. When a denial is made is it customary for the insurance company to suggest an alternative that they would cover?
 

quincy

Senior Member
I requested a copy of the denial, and according to my Neurologists office they appealed and was denied again even though the insurance company claims there was no appeal. I am waiting for a copy of the appeal, and will call again Monday in regards to it. When a denial is made is it customary for the insurance company to suggest an alternative that they would cover?
You will want your explanation of benefits form. This will help you understand why your claim was denied. You will also want your medical records showing that the treatment/surgery was a medical necessity.

If your insurance claim has been denied twice, you still have left an external review of your claim. Here is a link to information on external reviews:

https://www.cms.gov/CCIIO/Resources/Files/external_appeals.html
 
You will want your explanation of benefits form. This will help you understand why your claim was denied. You will also want your medical records showing that the treatment/surgery was a medical necessity.

If your insurance claim has been denied twice, you still have left an external review of your claim. Here is a link to information on external reviews:

https://www.cms.gov/CCIIO/Resources/Files/external_appeals.html
I obtained my records already. I will request the explanation of benefits form tomorrow. It's crazy cause they knew I could relapse because it happened once before and they mentioned it, but that time wasn't the doctors fault. My previous doctor didn't make notes as to why I received treatments every three months when usually it is every six, and when my doctor tried to push it out I had a relapse. I didn't sue then
 

quincy

Senior Member
I obtained my records already. I will request the explanation of benefits form tomorrow. It's crazy cause they knew I could relapse because it happened once before and they mentioned it, but that time wasn't the doctors fault. My previous doctor didn't make notes as to why I received treatments every three months when usually it is every six, and when my doctor tried to push it out I had a relapse. I didn't sue then
I hope this will be resolved in your favor without too much time and effort having to be expended on your part.

You might also want to contact an attorney in your area of New York to get an opinion on the doctor's failure to secure authorization after saying he would.
 
I hope this will be resolved in your favor without too much time and effort having to be expended on your part.

You might also want to contact an attorney in your area of New York to get an opinion on the doctor's failure to secure authorization after saying he would.
Thank you.
 

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