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Primary and Secondary care complications

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MeMStrong1

Guest
What is the name of your state? New York

Pardon the lenghtiness of the preface. Last summer I went to work full-time and found that my graduate school's insurance provided much more full coverage for psychological care than my job's did. Trying to be careful, I purchased insurance from both for the year.

When I filed my first claim with the school insurance, I received notice from them that they needed information on my other insurance provider before they could pay my therapist. I sent the information, but apparently my therapist was paid even before they received this.

When I filed a second set of claims, I received nothing in the mail and my therapist had not been paid. I called and I was told that I would need to send information about the other insurer again. I asked them to send me the form. It did not come. I called a week later, was promised it would come and it did not. I called a third time and was told that this information was not needed at all, but that rather what was needed was an explanation of benefits from my other insurer. I called the work-based insurer and was told that by "explanation of benefits" they understood a form they would send to other insurers provided that I had filed a claim with them and had been denied or paid less than full out-of-pocket cost. I called the school-based insurer back and they said, "Well you need to file one with them first before you can file with us." I asked why and was told - on the fifth call and months after the claim was sent mind you - that they were the secondary insurer and the job-based insurer was my primary provider. When I said I never made any such designation of primary versus secondary, they said I had no choice in the matter and that the designation was theirs to make.

So - 1) am I being dealt with in bad faith or is there a legal, contractual foundation for this distinction? 2) is my "primary" insurer likely to pay anything on such late claims, especially since they require notification before I actually see a therapist before paying anything? 3) Is the insurance company still liable for the bad information they gave out over the phone? and 4) Is there grounds for legal action or threats of legal action in any of this? I am frustrated, broke and trying to not let my anger interfere with my capacity to articulate the complications. Help!

Best to you,


:mad: :eek: :eek:
 


lkc15507

Member
MeMStrong1:

To give you some sound advice before answering your questions: Both of your health plans should make available to you Summary Plan Descriptions if you do not already have them. Reading and understanding them (enlist help from HR if you need) is SOOOO important. Much of your situation could have been avoided with a good understanding of your plans. I don't mean to sound harsh, but the ultimate responsibility of proper filing of your claims belongs with you. Now to answer your questions:

MeMStrong1 said:
What is the name of your state? New York

So - 1) am I being dealt with in bad faith or is there a legal, contractual foundation for this distinction?

**There are in fact rules / standards that apply to the determination of the order of payers. Using those standards, insurers will determine who are the primary and secondary payers. It is not simply left to the preference of the participant. I strongly recommend reading the "Coordination of Benefits" sections of your plans' descriptions.

2) is my "primary" insurer likely to pay anything on such late claims, especially since they require notification before I actually see a therapist before paying anything?

**To the first part of this question: you should be able to find the answer to this in the Summary Plan Description provided by your employer group health plan. Probably under a section similarly titled "How to File a Claim". You should find a "timely filing limit". Very common limits are 90 days, 180 days, and one year. Given it is five months on some of these claims, I wouldn't waste any time. To the second part of the question: I cannot supply a definite answer (read the plan description). Often, even when an insurer wants to preauthorize a service, they may make payment on a 'post-service' claim by reviewing the medical necessity of the service by obtaining medical records.

3) Is the insurance company still liable for the bad information they gave out over the phone?

**The insurer is responsible for administering the plan as it is written (again, read those plan descriptions). Health insurance is very complicated and I don't mean this unkindly at all, but from your post, I think it is entirely possible that there was a basic foundation of misunderstanding and miscommunication when you were speaking with the secondary insurer. (And I'm not saying that's all your fault.) I think that it would be very difficult for you to prove that they were giving you bad information in order to avoid / delay payment of the claims.

and 4) Is there grounds for legal action or threats of legal action in any of this?

**I certainly do not think so. From your post, I believe the insurers have acted properly in determining order of payers and in helping you to understand how to properly file. From what you describe in your post, I think you may have erroneously thought that by filing with the better coverage first, your total coverage would be more complete and therefore neglected to communicate with the employer plan.

I am frustrated, broke and trying to not let my anger interfere with my capacity to articulate the complications. Help!

**I can understand your frustration because health insurance can be very complicated. Knowledge is your best preparation and reading both plan descriptions is imperitive to determining how your medical care claims will be covered. Ask the HR departments to help you interpret them--especially the coordination of benefits.

I think that between the two plans, if you act now, you could still receive good coverage of your claims. Supply the insurance information of both plans to all of your providers. If they will, allow them to file claims for you. Most providers these days accept "assignment of benefits" and are used to doing this. BUT, remember, it is still your responsiblity to see that these thing are ultimately done properly AND you are ultimately responsible for all payments to the providers.

I wish you all the best.
lkc15507
 
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MeMStrong1

Guest
Thank you so much for your thorough reply and gentle admonistions. Such a good service and such good people out there!
 

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