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If you have a chronic medical illness, the last thing you want to hear is that your
insurance company is denying coverage. If you are denied coverage of medical care, home
health care, medical equipment, or medical supplies, you may have to negotiate with your
insurance company for coverage. The following are a few tips to help you secure coverage
for yourself.
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Request an explanation from your insurance company. The first step is to
request from your insurance company a detailed explanation of its denial, based on the
terms of your policy or plan. You are entitled to an explanation for the denial and the
terms of the insurer’s policy that support that denial. Ask the company representative
to point to the specific clause in your insurance policy that supports the insurer’s
denial and to put this information in writing.
If the insurer relied upon internal scientific or procedural guidelines to deny your
claim, you are entitled to copies of these as well. Many companies maintain guidelines
on their Internet sites. Regardless, you should request, in writing, any internal
guidelines, scientific, medical or otherwise that influenced the insurer’s decision to
deny your claim.
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Request and read your policy. You should next request from both your
employer and your insurance company a copy of your policy (or plan). Your policy is
not the five-page summary plan description provided by your employer every year,
nor is it the brief summary of benefits provided by your insurance company. Your
policy is a detailed booklet that specifically enumerates what is covered,
exclusions to coverage and relevant definitions, such as that for medical
necessity. You are entitled to a copy of your plan document, and should make your
request in writing.
Read your policy (or plan) thoroughly, and find all the relevant terms, not just
the one cited by the insurance company to deny your claim. Determine whether or
not the denial is justified both medically and under the plan. If you are in doubt,
show the policy terms to your physician. Remember, your plan is a contract between
you and your insurance company, and the terms alone govern your relationship.
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Request a copy of your claims file. You are entitled to a copy of your claims
file from your insurance company. The file contains valuable information that can be
used to prove that the insurance company’s reasons for denying your claim are wrong,
including the insurer’s own medical reviews. Use this information to your advantage.
Ask your treating physicians to respond to the specific reasons the medical
reviewers gave for denying your claim. Don’t stop there. Question the credentials
of the reviewers. Do they have experience with treating and caring for individuals
with your illness? Have they spoken to your treating physicians about the care you
require? The answers to these questions will provide the basis for challenging the
insurance company’s denial.
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Build a record. Write letters to your insurance company questioning the
denial, and appeal the denial under the company's internal appeals process. More
often than not, coverage is denied on the grounds that it is not "medically
necessary." The definition of medically necessary is located in your policy. You
must prove to the insurance company that the care you require is not just something
you want, but is essential to your health. Establish this point by submitting
letters from your doctors, and any other experts you have seen, detailing the
medical necessity of the benefits you need. Ask them to explain why they believe
the care is medically necessary using the definition in your policy. Keep copies of
all correspondence to and from the insurance company and keep records of all
telephone calls.
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Be polite. This is essential. In every insurance company, somewhere along
the line, there is a knowledgeable employee waiting to help. Don’t burn bridges.
If you approach the case from a problem-solving rather than an adversarial
perspective, you may gain good general advice and valuable insight into the
workings of the overall bureaucracy. By making a valuable ally out of this person,
you may ultimately gain a good inside advocate.
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Draw attention to your case. Do not be afraid of "going public" with your
claim. Write your senator and/or representative, and ask them to contact the
insurance company. Contact the press. You have a real, pressing need for medical
care and ought to have access to it. In this current climate where the phrase
"managed care" connotes restricted health care access, the shared sense of
vulnerability that the general public feels can help you gain valuable support.
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Be tenacious. Make your presence known. Let the insurance company know that
you will not go away until you receive the coverage you believe is owed you. Don’t
be afraid to ask for help--from your doctor, a local non-profit organization that
deals with your condition, or, if necessary, a lawyer.
This article was written by Mala M. Rafik, Esq. and S. Stephen Rosenfeld, Esq. of the
law firm of Rosenfeld & Rafik, P.C.
in Boston, MA.
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