Thursday, February 17, 2011

December 3 Meeting with Healthcare Trust Committee Chairman and our Union benefits advisor

Three days prior to my first RF ablation procedure on my back the Chairman for our Health care Trust Committee asked me to meet with he and our union benefits advisor, Dimartino and Associates.  The point of the meeting was to convince me that I had no need to appeal their decision not let me out of our union provided health care.  Further, it was to sell me on how, by having both Regence and my military retiree health care coverage with Tricare, I would be well taken care of.  They gave me the impression that it would be at least as cost beneficial as only having Tricare, with the further incentive that I would get some services with Regence that would not be provided if I only had Tricare (massage therapy).   Finally they told me that despite my best desires, Federal law under the Department of Labor (ERISA) prevented me from even being allowed to leave.   I was finally told that I would save the Union 10,000 dollars by not going through the appeal process.

I hesitantly agreed to drop my appeal and told them I would take them at their word that they would aggressively assist me in getting my health care issues resolved.  Along with taking care of my unpaid pain management bills, they told me they would work hard to get the money back that I should not have had to pay in both 2009 and 2010.  That sounded like a good thing, so I was skeptical but on board.

It has been now over 10 weeks and from my perspective NOTHING has been done.  I just got a bill from my pain management doctor for roughly 7900 dollars.  Based on my extensive conversations with both Regence and Tricare no efforts have been made to resubmit claims to regain the funds that I should not have had to pay in the last two years.  No progress has been made in having Regence pay for my medical treatment.  According to both Regence and Tricare no bills have been reprocessed; and all pain management bills have repeatedly been denied payment by Regence.   Lots of promises were made, but no progress has been made.  I was contacted by a Union member who told me he was under the impression that I had a special person at Regence personally handling my case.  Hmm, that person is not talking to those that process or reprocess the bills.  Further, none of my healthcare providers have been contacted to direct them to submit my health care bills to my secondary insurance, as I was promised in our meeting would be done.  A bunch of empty promises and I'm left holding the bills.

So I'm back to square one.   No progress.

So here is my new plan of attack:

-I've written the Chairman of the Senate Veterans Affairs Committee, and one of our U.S. Senators, Patty Murray.  I've spelled out to her the issues, my actions, and the promises made to assist me.

-I've submitted paperwork to reopen my workers comp case. If my case is opened than workers comp will not pay a penny, since my procedures were done prior to their period in which they retroactively pay.  The sole reason I'm jumping through this bureaucratic hoop is to appease Regence in that they have told me that if I were to attempt to reopen my claim and be denied twice they "might consider" paying the costs.

-I'm preparing a letter to the local media to spell out the issues I'm having with my healthcare, and the sheer lunacy of having such medical bills when I have two very viable healthcare insurance plans.

-I've contacted a injury attorney and will meet with him to discuss any options in regards to solving this issue through the Court system.  Obviously I'll discuss being reimbursed for my time, hassles and financial expenditures.


Well there you go.  Nice.
Attached is my letter to Dimartino and Associates to get in writing some form of commitment to the promises they made to me in our meeting.  Along with my letter is the letter I received from Dimartino, spelling out what they were either in the process of doing, or what they would pursue.  They asked that I be patient.  I think ten weeks is patient enough.  I think that when I get presented medical  bills for nearly 10,000 dollars and am being refused treatment because I have no health insurance than I've been plenty patient.  

My letter to Dimartino, after our meeting. 

From: John Bowen
[john@johnandbethbowen.net]

Sent: Friday, December 03, 2010 10:30 PM
To: xxxxxxx@dimarinc.com

Cc: O'Mahony, Timothy

Subject: Medical bill information


Xxxxxxxx,

Thank you for your time and effort today. I apologize if I came across either argumentative or belligerent. For obvious reasons, the entire issue of civilian health care insurance has
been a huge burden on me; financially, emotionally, mentally and in regards to
the many countless hours I’ve spent trying to ensure I receive proper benefit
coverage.   Given that for the most part those efforts on my part
have been ineffective and futile, it is extremely difficult for me to easily
accept your solution that, from my perspective, will require another huge
undertaking of my time to ensure things run as they should in the future;
without any further complications.   Hopefully I’ll be pleasantly surprised. 


You also asked for a list of my providers.  The attached spreadsheet is about as good as it gets in that
regard.  The spreadsheet indicates all the providers that my family has
used over roughly the last fifteen months, to include their phone numbers,
names of billing personnel, and my account numbers.   Some of the
entries may be providers that I paid for bills dating back to 2008.
Please note that I have paid out over 5000 dollars in payments over the last
fourteen months. 


Based on my understanding of what we spoke about today, I’d like to confirm that you’ll do the following to assist me:
-contact my providers, as listed in the attached spreadsheet and inform them that I have
Regence as my primary, Tricare as my secondary, and  that they are not to
bill me when Tricare pays less than the remaining balance after payment by
Regence.  In regards to my family, that obviously is not necessary; given
that Tricare is their primary provider.


-contact my providers that in the past have failed to process my secondary insurance
claims, having not forwarded it on to Tricare.


-contact Tricare and determine which payments were not properly processed in that they
should have been sent to Tricare as secondary.


-contact any providers that I have paid, based on their billing me for a remaining
balance, due to Tricare not processing any secondary claims. 


-Represent me in getting me reimbursed for those claims that have been paid by me which
should have rather been written off once they received notification that
Tricare either had paid their portion, or Tricare stated that no payment was
due to the provider, based on a different procedure payment schedule.


-coordinate with Regence to ensure they pay all of my pain management bills, which they state
they are not responsible for, given that it is a result of a work related, but
closed, injury.   Some of these bills have been either double paid or
singularly paid by Tricare, as you know. 


-Contact my pain management clinic and reassure them they are going to be paid.
They have been very patient through all of this over the last six months, as
Regence and workers comp both claim no responsibility for either my meds or my
treatment.  My pain clinic is going to go nuts when they find out that the
payments they have received are now being rescinded. 


You have my permission to query both Regence and Tricare for any information
that is not sufficient based on this spreadsheet.


I’m still
waiting on Tim to send me the documentation in regards to not being allowed to
opt out of the Union provided health care.  I’ll notify Benefits Solutions
that I do not desire a hearing upon  receipt of the citation or reference
to the Federal law prohibiting my ability to opt out of coverage provided by
the Union.   


Please also provide to me the rule, regulation or requirement that states a provider is to
write off the cost of treatment that Tricare does not cover.  I’m looking
for the reference you stated that indicates that my providers are not to bill
me, except for the amount remaining for my Tricare deductible.   I’d
like this reference so I can give it to the providers when they query or bill
me for the remaining amount not covered by Tricare.
 

I can see from an administrative perspective this will get very confusing, given that most providers expect their copay up front; which will be based on the Regence copay amount, but I’ll
be only required to pay the Tricare copay amount.  Based on my
understanding of what you have told me; that would mean every time I see a
provider they will have to issue me a refund for the difference in the copay
amounts for Regence and Tricare. 


As you stated, I’m cautiously optimistic that you’ll be able to both ensure my future payments are properly processed and that you’ll be able to ensure that the providers in the future
will not continue to bill when Tricare states they are not liable for any
further payment.  I am hopeful but quite skeptical that you’ll be able to
recoup the 5000 dollars I’ve spent on medical bills over the last year. 
I applaud your ambition and energy to assist me, but have become increasingly
 cynical of the entire healthcare insurance industry, based on the
multiple and significant headaches my family has endured over the last ten
years in dealing with civilian healthcare. 


Sincerely,

John A. Bowen



Dimartino's Response to my Letter:

John,

Thank you for your patience as I put into motion the items we discussed
last Friday, December 3, 2010.  You captured the discussion well in your
message.


Since that discussion, here’s is where we are with my take-aways:

  1. Correction of Eligibility:  I have confirmed with Regence that my contact has
         already begun the reprocessing efforts with TriCare.  The first step
         in this process is to correct TriCare’s system (recall that your, John’s,
         eligibility record at TriCare incorrectly noted you did not have
         primary coverage with Regence in 2010.  Once this correction has been
         made, the actual reprocessing of claims can begin.  My Regence
         resource will be confirming today if this correction has been done.
         As of this message, there has been confirmation.
  2. 2010 Reprocessing:  As noted above, once the eligibility record has been
         corrected for 2010, TriCare and Regence will coordinate to ensure 2010
         claims are processed with Regence as primary, TriCare as secondary.
         As we discussed, this process may take several weeks to months to
         complete.  The good news is Regence will bird-dog the process on your
         behalf.
  3. 2009 Reprocessing:
         Regence will also be coordinating the reprocessing effort for the 2009
         claims for you, John, and your family who in the year had double
         coverage.  There is some challenge with the rules around timely filing.
         TriCare indicates they may have shorter time frames regarding timely
         filing that other plans because of the nature of their business.
         Regence has committed to exploring every claim’s chance of reprocessing
         within those time frames.
  4. Coordination with Providers:  My Regence resource confirmed today that she will
         contact all your providers to ensure they have the double coverage
         information and the correct order noted in their billing offices.
  5. Your Back Surgery on Monday December 6, 2010:  I have contacted the Subrogation Department to discuss the merits of what they have asked you to do regarding the WC
         claim.  I received some hopeful information, but have not learned
         anything definitive as of the writing of this message.  The situation
         has been escalated to leadership in the Subro department and I am awaiting
         the results.  I’m sure you an appreciate that if the outcome is
         different than the letters you received on November 18, their department
         has to do some extensive research into what happened in order to over turn
         it.  This may take a few days.  Having said this, I am hopeful.  Stay tuned for more on that.

As a closing comment regarding all this activity, I want to assure
you that I am pursuing all avenues we discussed last Friday.  In fact, all
the activity was locked and loaded awaiting your agreement on that
Friday.  At this point, we are in the midst of beginning all these
processing on your behalf and it will take some time to fully research and
ultimately execute the action plan to correct the past as well as on-going
situations.  We do appreciate your patience and willingness to entrust
this very important matter to us!

We will continue to keep you posted on any progress made,
particularly regarding the services you received on December 6.

Thank you.

DiMartino Associates

1301 fifth avenue, suite
3701
| seattle, wa  98101 | ph: 206.623.2430 | fx:
206.812.7538

Thursday, December 23, 2010

The cost of health coverages in this country

Back when much of this stuff started with my health care woes, I had a few conversations with some of the employees at Benefits Solutions; who manage the financial side of our Union's healthcare administration.  I asked them that if President Obama was able to push through public option health care what would happen to companies such as theirs.  They told me they would go out of business.  No need for them when it was managed collectively rather than by a bunch of small companies, all with their fingers jammed deep in the health care cookie car.  See ya later I thought.

Interesting read for those curious about healthcare costs.
 
 http://economix.blogs.nytimes.com/2008/11/21/why-does-us-health-care-cost-so-much-part-ii-indefensible-administrative-costs/

Tuesday, December 14, 2010

Ah, love health insurance

After all the promises made, no activity on my Regence for any of my claims, either in the past that were to be reprocessed, or my current claims.

Went onto my military health care web site (Tricare) and reviewed the recent activity. Lots of activity there, all as promised by our Health care Trust Committee. 

12/06/2010 20103479981834 KIM,KYONG,H,DO Denied $1,537.00 12/13/2010


12/06/2010 20103459999344 QUEST DIAGNOSTICS Denied $189.65 12/13/2010

12/02/2010 20103409981696 BRIEJER,KRISTIN,R,MD Denied $148.00 12/06/2010

11/24/2010 20103379978793 TURNER,STASIA,Y,ARNP Denied $165.00 12/03/2010

07/07/2010 20103193105145 KIM,KYONG,H,DO Denied $1,200.00 12/10/2010

back to work on Thursday, pain and little sleep be damned

I'm going back to work on Thursday. Not sure if this procedure has helped, or made things worse at this point. I do know that I'm seeing no positive activity on my health insurance related issues. I'm thankful for all the great things I have in my life. I guess this is just one of those character building moments we all go through. Eat or be eaten. Sink or swim.

Sunday, December 12, 2010

Click on images below to see healthcare trust attorney's justification of why I cannot leave their healthcare

If you click on the documents below they will enlarge enough that you can read them.  I was told I could not opt out of our Union provided health care because it was based on ERISA law; a Department of Labor regulation.  Seems that the Healthcare Trust and their attorney have interpreted portions of that law in such a manner that they have decided to not let members go; because it would leave the Union subject to a lawsuit if that member who was released eneded up having some issue with their healthcare that they freely chose of their own volition.  Guess the Union has decided we don't have enough smarts to make our own decisions, especially in regards to our own healthcare.  

Given how much it has cost me in both time, energy, emotion and money, I'm not so certain I concur with the Trust Committee's ability to make such decisions in my favor.  I'm thinking I may soon hire an attorney.  This is their interpretation of the law.  We'll see how a judge might interpret it.


Friday, December 10, 2010

My ongoing battles with the civilian healthcare insurance industry and my union

This is a long winded one, but if anyone of you know me well, then, well you know I can be long winded at times.

Workers comp rules state that to reopen a claim you have to have objective evidence that your previously closed injury has worsened since it was closed. My back injury case was closed in March 2010. I went back to work as a firefighter in mid December 2009. Since that time I've missed a significant amount of work; as I've struggled with chronic back pain, an unfortunate result of a failed surgical procedure.

I had an MRI in February, right before my independent medical exam. After the IME they closed my case. Although my work related case has been closed I've suffered from pretty significant back pain, sufficient enough that I've taken powerful pain meds as needed for pain. I hate taking pain meds, but in many ways it was the only way I could figure to maintain any quality of life, and also go to work. Given how long I have taken them, they have lost their effectiveness. Additionally they cause me to be a real pain to be around. Unlike most, pain meds make me hyper, give me really bad insomnia, and they also make me super irritable. As much as my wife has tried to be loving and patient, the injury and especiallly the meds have really challenged our relationship. The meds also make going to work questionable, given my altered state. After stopping the meds has also been tough, as I try to readjust to the pain and recover from not sleeping in a few days because of my pain med induced insomnia. Hence, I burned up all my sick leave and my SVDs, merits, etc, while dealing with pain and the meds. The bottom line is it has been a struggle, to put it mildly.

In June my family practice doctor referred me to a pain management specialist. That doctor has done a number of procedures, all unsuccessful, to help with my pain. In August I had another MRI done. That MRI looks just like the MRI from February. I have had pain since the closure of my case; it has not gotten worse, it is just bad. My MRI results show no change. Given no change in my status, then the case is not warranted to be opened by Workers comp.

I know this is a long story, but I figured you both were interested, and cared, since you've read this far.

Only two remaining procedures are left to help me deal with the pain. I've stopped taking any pain meds. I refuse to take them. I cannot afford to miss any more work; nor can I allow it to continue to effect my marriage, life, etc. I've been OK, but still in a bunch of pain, since coming off the pain meds, which started in late November, when I went on disability. On 6 December I had a procedure done to help alleviate some of the pain. Basically they led an electrode into my lumbar region that used radio frequencies to destroy the nerves that cause the perception of pain in my back. They are not alleviating or removing the cause of the pain; just stopping my ability to perceive that pain, by destroying the nerves that perceive back pain. The destroyed nerves regenerate in about 12-18 months, so it is something that I'll most likely need to get repeated, if it is successful.

It has about a 20% chance of helping. So far it seems to have helped. We'll see. I come back to work on 16 December. The procedure takes about two weeks for max effectiveness. In the meantime while recovering I have pretty significantly weakened neurological function in my leg (I was given a walker on the 6th, but traded it in for crutches). My leg strength is improving, but it is unreliable, due to trauma around the nerves that control my leg muscles. It should get better. The neuro function is caused by localized inflammation and some temporary damage to the large nerve root that controls the leg muscles, which lies in very close proximity to the nerves that control my back.

I have the procedure repeated on the right side of my back on 6 January. I should be out of work for about a week for that procedure. We'll see. It is based on how quickly I recover from this one.

I am not going to take pain meds any further; period. Long term use of pain meds leads to a permanent hyper sensitization of the body's pain receptors (nioceptors), resulting in diminished effectiveness of pain meds. Additionally I have no desire to be tied to a bottle of addictive medication for minimal relief. Throw in the issues that the meds have caused with my marriage and my ability to work, and it makes no sense to pursue that as a solution. If I am unable to work due to pain than I have decided that I'll leave the fire department, as much as I love this job.

As a caveat to this long winded story; my treatment by my pain management doctor is not being currently paid for.

Because I have not pursued workers comp reopening the claim, based on my very clear understanding of the rules and my status, then they are not taking any responsibility to cover either the cost of my medical treatment or my time off. Regence has also declined payment, stating that it is due to a work related incident. Despite the case being closed, and my explaining to them that it would be moot for me to attempt to reopen the case, they still refuse to pay. After contacting the Washington State insurance commissioner, Regence called me to tell me that if I were to pursue reopening of the case, and then appeal the almost certain denial of the reopening, they might cover the cost of these procedures. I told Regence that based on previous experience that would take nearly a year, and in the mean time I'm left owing my doctor over 10,000 dollars for procedures. They apologized, but in reality I know they could care less.

This previous January I dropped my wife and kids from the Union's health care, and they now have their health care exclusively provided by my military retiree health care coverage, Tricare. Since dropping them I have not had one unpaid medical bill; or have I had to pay one penny more than my monthly member fees; which works out to about 100 dollars a month for me and my entire family. I am covered under this health care plan. Unfortunately, by law my Tricare Insurance has to be secondary to any work provided health insurance. No problem, I'll just drop my Union and work provided insurance. Not a big deal I thought. Besides, it seems that it would be in the Union's best interest; given that Regence has had to pay out so much more for my family, due to my wife having knee surgery last year and her unexpected but very serious complication of a deep vein thrombosis in her leg after the surgery. Her surgery, followed by her DVT resulted in multiple follow on specialist visits, along with two or three ER visits, CAT scans, expensive anti clotting medications, ultrasounds, etc.

I had worked it out so that my military retirement health care (Tricare) would pay for the entire procedure. The only hitch to that was by federal law I cannot use my retirement health care if I have a work provided health care. I had my doctor ask my military health care for approval to conduct the procedures, along with having them submit my medical bills to Tricare. They agreed to both pay the bills and cover the procedure. I then pursued leaving the Union provided health care, assuming that given my current situation, compounded by other issues with Regence (I've paid out over 5000 dollars in the last year with Regence; which should not have occurred given that I have two very comprehensive plans).

Despite my naive assumption that the Union would release me, they in fact have refused to let me go. They state that they cannot let me go, based on federal laws. I have received a letter from the Union's health care attorney and it appears somewhat ambiguous on how I might find a method to leave. That law or regulation, is governed by the Department of Labor, and is titled "Employee Retirement Income Security Act", or ERISA. http://www.dol.gov/dol/topic/health-plans/erisa.htm I'm not an expert on law, especially Labor laws, but I can find nothing in this law that states I cannot leave my Union provide health care. The Union is hiding behind stating it is a federal law. Nope, just a convenient method to justify not letting me go.

The Union states they are only looking out for my best interest, but I find that hard to believe, given that the Union provided health care has cost me so much time and money and refuses to pay for my ongoing pain related treatments. Somehow I think the Union has an underlying motive rather than my best interest. At this point they have not stated any reason they want to keep me on our Union health care, other than " the law won't let you leave, and we think our health care plan is really all you need."

To add insult to injury, they contacted all my providers and have told them that in fact Regence is my provider, and do not send any bills to Tricare. Now I am back to where I have started. No one is paying my pain management procedures. I'm not sure whether my doc will allow the procedure to be done on 6 January. I'm not certain how long it will be before they pursue going through collections for payment of my procedure costs. I am back to having Regence handle all of my medical costs; which most likely will mean I will continue to have problems with payments, and it will continue to cost me money.

Right now I'm in a state of limbo; having an attorney research my options and the likelihood of my ability to leave the Union health care plan, by pursuing an appeal and any legal actions, such as suing the Union, if they deny my appeal request.

What a mess. Most would be happy to have two healthcare plans. I'm not so sure. I guess only time will tell.

OK, what is up with my back injury, and my health care issues

I've decided to post what has been happening with my back injury, my chronic pain, and my struggles with civilian health care insurance here on my blog. If you want to read about it; cool. If not, no problemo. Pass it on by.

I miss my days in the military. You got hurt, you went to the doctor, and he said you were sick or injured. You stayed home, or you worked under the limitations the doctor advised. If you were sick or hurt; one day or 300, it was taken care of. The military did not care whether it was done while at work or while not at work. They owned you, so they would provide and take care of you. And when you finally leave the military; either a regular discharge or retirement, they promise to take care of you for the rest of your life.

They are good to their word. I have VA health coverage for those injuries I sustained while in the military. I have military provided retiree health care for me and my family, for the rest of my life. The only problem with all of that; is I cannot use those benefits, because I have another health care plan. Seems simple enough, and fair too. OK, then just pick which one is best, and not pay or use the other plan. Sorry it does not work that way.

I do think it is absolutely amazing that a guy like me, who has spent most of his life serving either his country, or serving others as a firefighter, cannot seem to figure out how to get his health problems resolved. I am so very proud to be both a firefighter and also a retired military officer. What truly saddens me is the state of this country's civilian health care insurance industry, and how they work at maximizing their profits at the expense of caring for their beneficiaries. I'm a perfect case in point.

I’m naive and overly trusting. I believe in the goodwill of man. I believe that Unions are there to help their members. I'm starting to realize that may not be the case.

If you care to; read on....