Gottfried still solid on Single-Payer
Let New York Health help pay the bills
By Richard N. Gottfried
Published 11:31 p.m., Sunday, April 1, 2012
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You buy a health insurance policy that covers care by “in-network” doctors and other providers, but also promises that if you go to an “out of network” provider, it will pay based on “usual and customary charges.” Your family doctor refers you to an out-of-network specialist, and it turns out the insurance company offers to pay about half the bill you get.
A few years ago, then-Attorney General Andrew Cuomo and a group of physicians brought a massive lawsuit against the top insurance companies. The charge was that those insurers were promising to pay based on “usual and customary” rates for out-of-network services, but those rates were bogus — and outrageously low.
The insurance companies agreed to settle the case. They agreed that the attorney general would set up an independent nonprofit organization, called Fair Health, to publish legitimate data the insurance companies would use for determining “usual and customary” charges.
Now, insurers are getting around the settlement by no longer promising to pay based on usual and customary; they will pay whatever they choose to pay.
So I have introduced a bill in the Assembly, carried in the Senate by Senate Health Committee chairman Kemp Hannon. It says that your health insurer company must disclose how it calculates out-of-network payments, and state them as a percentage of the Fair Health usual-and-customary rate. And it says the state Department of Financial Services — the new name of what used to be the Insurance Department — may not approve an out-of-network insurance policy unless it actually provides “significant coverage” of the Fair Health usual-and-customary rate.
In other words, insurers have to be open with their customers, and they can’t claim a policy covers out-of-network services if it doesn’t really pay reasonable amounts for them.
A Times Union Commentary page article last week, by an executive of the for-profit insurance company Empire Blue Cross-Blue Shield, says that our bill would “mandate a minimum reimbursement [to out-of-network providers] based on the Fair Health database.”
The bill does not do that. It would require disclosure and stop insurance companies from selling products that don’t really provide what consumers expect.
The Fair Health court settlement was hailed as a landmark. But the health insurance companies quickly found a way around it. If our bill becomes law, they may find a way around that, too. The problem is, whatever reforms we enact, our health coverage still relies on insurance companies.
Instead, New York should establish a universal publicly funded single-payer system, funded by broad-based revenue based on ability to pay. I sponsor an Assembly bill, carried in the Senate by Tom Duane, to set up such a system, called “New York Health.”
You and your doctor would work on keeping you healthy, and New York Health would pay the bill.
Richard N. Gottfried of Manhattan is chairman of the state Assembly Committee on Health.
Ronald Fatoullah and Associates educates the elder care experts.
Caryn attended the Ronald Fatoullah & Associates Update Luncheon last week along with hundreds of elder care experts. There was some good news and some warnings about transferring and protecting assets for long term care planning. The good news is that the Medicaid Epanded Estate Recovery Law was repealed. Assets such as the Life Estate deed, are once again safe if properly divested before applying for Medicaid. This repeal was hard fought for and our thanks to the efforts of the New York State Bar Association and the elder law community.
Other good news they brought was in the area of EPIC coverage. Although EPIC is still not what it was, and there will be a fee and a requirement to pay for Part D Coverage, the plan has been greatly improved from last years plan.
Some of the warnings we recieved included making sure you have a Living Will and meeting with your financial planner to discuss the type of Annuities you have, because you may not be protected from Medicaid recovery if you have a revocable annuity. Also, the method of calculating life estates has been raised and you should talk with your attorney to discuss your options.
Mandatory Long Term Managed Care
Reinforced in this years budget is the move to mandatory managed care with adding dual eligibles to be added into fully managed care plans in 2015. The Public Health and Health Planning Council (PHHPC) has a broad array of advisory and decision-making responsibilities with respect to New York State’s public health and health care delivery system. It is charged with adopting and amending the Sanitary Code and health care facility, home care agency, and hospice operating regulations. The PHHPC also makes decisions concerning the establishment and transfer of ownership of health care facilities, home care agencies and hospice programs. It makes recommendations to the Commissioner of Health concerning major construction projects, service changes, and equipment acquisitions in health care facilities and home care agencies. It also advises the Commissioner on issues related to the preservation and improvement of public health. The Council’s powers and duties are set forth in section 225 of the Public Health Law. Watch the entire day’s discussions http://www.totalwebcasting.com/view/?id=nysdoh#
Dr. Emanuel Sergi talks about bunions.
Dr. Sergi has an office in NYC and also on Staten Island.
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