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Legal Issues: Health Insurance
Health insurance has become more
complicated in recent years as managed care companies have grown to dominate the
industry. In some cases medical decisions are made as much - or more - on the
cost of treatment as they are on a doctor's medical opinion. To obtain
appropriate medical care, persons with chronic fatigue and immune dysfunction
syndrome (CFIDS) must often become their own advocates in the health care
system.
Get the contract The first
step
in advocating for your health benefits is to get a copy of your insurance
contract and read the provisions of the policy or plan. The member benefits book
provided by the insurance company when you sign up probably does not contain a
thorough description of the rights and limits of the policy. You may have
important rights the member book doesn't tell you - for example some policies
will reimburse a portion of the cost of out-of-network specialist care if there
is not a qualified CFIDS doctor in your area.
Find someone to help you
Comprehending all the technical terminology in insurance contracts is
difficult for healthy people, and for people experiencing cognitive problems due
to CFIDS it can be especially complex. A trusted family member or friend may be
able to help you muddle through insurance documents and medical records to
ensure that your rights and responsibilities are maintained. Someone who has
experience reading legal documents would be most helpful.
Understand your records Medical
information can be as difficult to understand as legal jargon. Obtain copies of
your medical records - you may have to pay photocopying fees to the doctors'
offices, but it's important that you know what may be in your records that could
influence an insurance company's or health care provider's decisions. If your
symptoms are making it difficult for you to understand the information in your
files, consider appointing a trusted family member or friend to help you
coordinate your medical care.
The release form below can be used to allow an
advisor access to your medical and insurance records.
Appeal denials If the insurance
company denies payment for a treatment or procedure that your doctor says is
medically necessary, submit a written appeal. The appeal procedure should be
outlined in your contract. It can be helpful to quote the insurance contract's
own wording to support your right to coverage for denied care. If you feel like
you need additional help, consider hiring an attorney with
experience in handling health insurance problems.
Sample
Medical Records Release Form
You can use the following text to give
a
trusted advisor access to your medical records. This form does NOT allow medical
decisions to be made on your behalf.
To Whom It May Concern:
____________________ (name of
patient) hereby authorizes the release of all of medical and insurance records
to _________________ (name of advocate). The name of the insurance company is
__________________, the insurance policy number is ____________________ and the
patient's Social Security number is ___________________.
A photocopy or facsimile of this
Authorization shall be as effective as the original.
Date ________________
___________________ (patient's signature) (name of patient)
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