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Tuesday, December 22, 2020

Health Care Reform Articles - December 22, 2020


Opinion: A critical role now for health professionals

Communicating effectively with the public and patients will be key as COVID-19 accelerates.

By Jeffrey. C. Lerner and Norbert Goldfield - AJC - December 17, 2020

As deaths in Georgia from COVID-19 continue to march towards 10,000, and cases towards a half million, there is no “political vaccine” against disinformation to accompany the coming biological one. Local health professionals throughout Georgia will have to administer both to reverse the trend.

National attention is focused on whether and how government officials, including the victors in Georgia’s Senatorial race, will work to create a political vaccine. Will they be the allies of Georgia’s health professionals in prioritizing and conveying the legitimacy of science and urgency of evidence-based medical care?

Local action is now our best hope of setting examples for following good public measures and providing guidance for protecting one another and ensuring schools and businesses operate as safely as possible until both the vaccines and better treatments help stem the rising tide of illness.

Public bodies are, increasingly, taking public stances. The American Medical Association, the American Nurses Association, and the American Hospital Association, representing healthcare professionals from both Democratic and Republican parties, are united in pleading with the public to adhere to scientific guidance by wearing masks, maintaining social distance, and washing hands frequently. But their efforts have not proved to be enough to get the needed results.

Overcoming resistance to science-based approaches will need local leaders - people who deliver the messages and provide the advice that stands a better chance of being followed by more local citizens. That’s where health professionals, especially, come in, accepting that they need to redefine what it means to provide “frontline care.” Public health is the new frontline care because it is the most effective means we currently have to spare people unnecessary illness, misery, and death.

People living in smaller cities, towns and rural areas of Georgia, as well as poorer residents in the most densely populated big cities, have an especially high proportion of residents at high risk for the worst outcomes from the virus because of obesity, diabetes, hypertension, and smoking. The issues here are more challenging than in some other areas of the state.

Sixty-eight percent of the public trust Dr. Fauci from the National Institutes of Health, and nurses are the nation’s most-trusted profession for their honesty and ethics according to a recent Gallup poll, as they have been for the last 18 years of the survey. Engineers and doctors are second and third .

While many people, including those reading this op-ed, have their own physician or health care professional that they work with for personal health, they may still need to know more about the evolving research in science behind vaccines and other public health practices. Health professionals can translate uncertainties and controversies publicly in ways outside the clinic through writing opinion pieces or speaking at community events.

The task shouldn’t be left solely to media commentators, even if they are sometimes reliable medical professionals. Local engagement is key to success. Medical terms and reasoning can be obscure to many people and need to be conveyed by trusted health professionals that people may meet in their everyday lives. This more-public role is an unaccustomed one for most professionals working in healthcare, but it is a necessity now.

Health professionals in Georgia can speak to and on behalf of their patients on issues that go beyond direct virus ones, such as measles, flu and shingles vaccinations and attention to substance abuse prevention.

Health professionals can help Georgians understand the positions of the senatorial candidates and in future local elections. For those who want to work more politically, there are organizations such as Ask Nurses and Doctors that provides guidance for responsible political expression of a broader view on health system reform.

But now is the moment for every health professional to widely distribute the “political vaccine” against unreliable health information on the frontline because it is a duty both for ourselves and our patients.

When I, Dr. Goldfield, speak to my patients about the flu vaccine, they often broaden the conversation, saying they do not want the COVID vaccine. I reassure them that I and many others will be evaluating information on the virus vaccine(s) safety. As these vaccines are made more available, they will become an important addition to masks, distancing, handwashing, and, yes, taking the flu vaccine too.

Issues of who gets earliest access to the vaccines will also be an issue, in part because much of the decision-making will rest with local entities like health systems and regional health departments. Trust in the process will be linked to who delivers and explains the rationale, and whether it is seen as reasonably fair, even if it is imperfect.

The only true way to honor the dead and sick COVID-19 victims and their families is to help stop adding to their numbers. So let’s do this together, fellow health professionals and citizens.

https://www.ajc.com/opinion/opinion-a-critical-role-now-for-health-professionals/56RC54TZAJHJHANMS2JVD6SGG4/ 

 

Wrongfully denied: Minnesotans fighting mental illness denied coverage from insurance providers

by Kirsten Swanson - Minnesota Eyewitness News - May 5, 2019

Her insurance company refused to cover the cost of the visit because Mischler only needed "hydration," according to a lawsuit filed by her family.

Max Tillitt was court-ordered into treatment for his heroin addiction. He was forced to leave residential treatment early after his insurance cut off funding, according to a class action lawsuit. Tillitt died months later from an overdose his family says could have been prevented had his insurance not been wrongfully denied.

A 5 INVESTIGATES review of medical, state and court records found that health insurance companies have repeatedly denied coverage to patients who are seeking treatment for mental health-related disorders.

While federal privacy laws make it difficult to know exactly how many patients in Minnesota have been denied coverage, the practice became so problematic at one point that it led to a landmark lawsuit by the state's then Attorney General, a multi-million dollar settlement and widespread reform that led to a drastic decrease in complaints.

Currently, attorneys say the number of patients being denied coverage is once again trending in the wrong direction. As proof that the problem is ongoing, they point to a recent class-action lawsuit in which a federal judge said a Minnesota-based insurance company's guidelineswhich determine which patients receive coverageare "fundamentally flawed" and "tainted by financial interests."

"I really question how many people are out there, not getting the help that they need," said Jeannie Uhlenkamp, Sophia's mother.

Eating disorder coverage denied

After her diagnosis, Sophia Uhlenkamp, now 14, was in and out of residential treatment for anorexia nervosa. Her mother said their health insurance provider, Blue Cross Blue Shield of Minnesota, stopped covering the more extensive type of care after six months even though Sophia was still struggling to maintain her weight.

"All of a sudden, things weren't automatically covered," Jeannie Uhlenkamp said.

In 2017, Blue Cross suggested the teen should go instead to an "intensive outpatient treatment" program.

However, the Uhlenkamps live in Redwood Falls, more than two hours from any specialist or treatment center.

In a statement to 5 INVESTIGATES, Blue Cross said its criteria "didn't account for geographic distance" in the Uhlenkamp case.

The company's decision was later overturned by the Minnesota Department of Commerce, which can review insurance denials in certain cases.

Yet just months later, when Sophia relapsed, Blue Cross again denied to cover the cost of her treatment.

"We couldn't believe it," Jeannie Uhlenkamp said.

Blue Cross said it's since changed its policies based on the Uhlenkamp's experience and is taking steps "to prevent this type of issue from reoccurring."

Another family was forced to sue their insurance provider after exhausting their appeals.

OptumHealth, a subsidiary of Minnesota-based United Healthcare, repeatedly refused to cover Brooke Mischler's eating disorder treatment, including one instance in which her symptoms were so bad that she was sent to the ER by her psychiatrist, according to court records.

"I needed that visit," Mischler said. "If I didn't, I don't think I would be here."

Yet, OptumHealth determined that Mischler was "not in immediate danger of hurting herself" and only needed "hydration," according to the lawsuit, which was later settled out of court.

Elizabeth Wrobel, who represented the Mischlers, specializes in health insurance benefit disputes and said she finds the practice of denying mental health disorders is not limited to a single company.

"It's an ongoing problem," Wrobel said.

No incentive to comply

Minnesota recognized the magnitude of the problem in the late 1990s, when the Attorney General's office began receiving a large number of health-related complaints against insurance companies.

In response, then-attorney general Mike Hatch sued Blue Cross Blue Shield of Minnesota, claiming the provider had a pattern and practice of improperly denying coverage to adolescent patients.

Hatch negotiated a settlement in 2002 in which Blue Cross paid more than $8-million and agreed to have every denied claim reviewed by an external panel within one business day.

"We then turned to Medica and Health Partners and said, 'You know, you're up next,'" Hatch said. "Complaint levels went down to zero."

The settlement is lauded by patients, advocates and attorneys as a landmark moment in the fight for mental health coverage.

However, in 2007, the deal expired and the review panel dissolved.

Today, Hatch said he believes companies have reverted back to denying coverage because "there's no incentive for them to comply."

Elizabeth Wrobel, the attorney who specializes in such cases, said,  "Instead of moving forward, we're probably moving backward."

Financially 'tainted' practice puts profits over patients

Wrobel says denying coverage for mental health disorders has once again become a common practice because health insurance providers often operate on their own set of internal guidelines instead of relying on industry-adopted standards.

"So often, the guidelines don't match the disease," Wrobel said.

In March, a federal judge in California condemned United Healthcare's guidelines for being based "as much or more on its own bottom line" instead of with the interests of patients in mind.

Chief Magistrate Judge Joseph C. Spero found the company's process was "fundamentally flawed" because it was tainted by "financial interests."

In response to the ruling, United Healthcare told 5 INVESTIGATES that the issue "underscores the pressing need to establish and gain widespread adoption of clear, evidence-based treatment standards" for mental health-related disorders.

The provider also said it is "committed to ensuring our members have access" to treatment.

Deadly consequences

DeeDee Tillitt, of Eden Prairie, argues that access was not given to her son, Max, who died in 2015 of a heroin overdose after struggling with substance abuse and addiction.

Tillitt, who was a named plaintiff in the class action lawsuit, said months before his death, Max was court-ordered into treatment at Beauterre Recovery Institute in Owatonna. He made it only 20 days.

"United Healthcare cut off funding saying basically, well he hasn't used in 20 days, so he's OK to leave residential and go to outpatient," Tillitt said.

In a statement to 5 INVESTIGATES, United Healthcare said it has since changed its guidelines for substance use disorders.

Tillitt said she believes if Max could have stayed in residential treatment, he would be alive today.

"He was so motivated Tillitt said. "Max had a treatable disease. But he wasn't treated for it."

https://kstp.com/news/wrongfully-denied-minnesotans-fighting-mental-illness-denied-coverage-from-insurance-providers/5339611/ 

 

Minnesota-based health insurer ordered into court supervision for mental health coverage denials 

 by Kirsten Swanson - Minnesota Eyewitness News - December 18, 2020

A special court-appointed master will monitor the company over the next 10 years, the November ruling from Chief Magistrate Judge Joseph C. Spero said.

This comes after a landmark ruling in the mental health parity case. In 2019, Judge Spero found UnitedHealth Group liable for wrongfully denying coverage, stating the insurer used its own internal guidelines that were "tainted by... financial interests..." and benefited the company financially.

"I can't think of another case, another recent case, where a managed behavioral health organization was essentially found of such pervasive misconduct," said attorney Meiram Bendat of Psych Appeal, the California-based law firm leading the class-action.

Bendat called this a watershed moment that exposes a loophole in the federal mental health parity law and said that the decision should serve as a stern warning to other health insurance companies.

"UBH is not the only company that engages in these kinds of practices," he said.

In 2019, 5 INVESTIGATES found families in Minnesota fighting mental treatment denials from other insurers, according to medical, state and court records.

"I believe that any insurer looking at this case is going to be well served to re-evaluate its conduct," Bendat said.

Dee Dee Tillitt, who lives in Minneapolis, joined the class-action lawsuit as a named plaintiff after her son, Max, died of an overdose.

After being arrested in 2015, a judge ordered Max into treatment for heroin addiction. Tillitt says her son spent 20 days at Beauterre Recovery Institute in Owatonna until United Healthcare cut funding for Max's treatment.

"You don't have to be a clinician to know 20 days of in-patient is not enough to cure a three-year heroin habit," Tillitt said in a recent interview.

Tillitt said she was thrilled with the court's ruling.

"We basically got everything we were seeking," she said. "Having a special master in there watching them, they won't be able to slip back into doing the bad practices."

In a statement to 5 INVESTIGATES, a UnitedHealth Group spokesperson said the company has taken "concrete steps to improve access to quality care," that includes expanding its provider network and increasing access to telehealth.

"We are focused on ensuring our members get the quality, compassionate care they need, and will continue working closely with people across the behavioral health community on this important issue," the statement read.

Glancing at a photograph of Max on her fireplace mantle, Tillitt thinks what he would say about the ruling.

"Oh, he would love this," she said. "Max always wanted to help people. I didn't want any other family to go through what I went through."

https://kstp.com/news/minnesota-based-health-insurer-ordered-into-court-supervision-for-mental-health-coverage-denials-december-18-2020/5955766/

 

‘Obamacare’ enrollment rising as COVID-19 pandemic deepens

The Centers for Medicaid and Medicaid Services said more than 8.2 million people had signed up through the close of open enrollment Dec. 15.

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