Insurance Coverage For Breast Reconstruction
Under ERISA - the laws governing employer provided health insurance,
theWomen's Health and Cancer Rights Act does require insurance companies that cover breast cancer surgery also cover
reconstructive surgery. Other details of the Act
reconstruction of the breast on which the mastectomy has been
performed;
surgery and reconstruction of the other breast to produce a symmetrical appearance;
prostheses (e.g., breast implant); and
treatment for physical complications of the mastectomy, including lymphedema.
The problem is the law doesn't define the time frame in which reconstructive
surgery is eligible for coverage. Its up to the insurance company to set its own limits on when reconstructive surgery
is reimbursed.
Patients should check their health insurance plan to determine what
their insurer's guidelines are. If there are none, its a gray area, and one that insurance companies may take advantage
of. We recommend women file appeals with their insurance company, and if they don't receive satisfaction, contact Ohio's
Department of Insurance to file a claim with them.
Insurance companies and group health insurers (including HMO's)
are required to notify individuals of their policy when they enroll and every year thereafter.
Some recommendations for breast cancer patients to protect
their insurance rights (From the American Bar Association's Commission On Women In the Profession)
Ten Steps to Protecting the
Legal Rights of Breast Cancer Patients
1. Read your health insurance policy carefully.
If you have health insurance coverage
through a private employer, obtain a copy of your "Health Insurance Summary" and a copy of the "Master Policy" as soon as
possible. Your employer is required to provide you with a summary of what is covered within your health insurance plan. This
is typically provided by your personnel or human resources department at the time you sign up for the coverage. However, the
summary may not include a detailed description of covered benefits. It is essential that you thoroughly review both the summary
and a copy of the master policy provided by the insurance company to your employer. Under federal law, your human resources
department and/or the insurer must provide you with a copy of this policy.
2. Determine if the treatment prescribed by your physician is covered by your policy.
Check
to see if there is an "exclusion clause" and/or an "experimental/ investigational" clause in the policy. This will give you
some indication of whether the treatment you are seeking is excluded from coverage by your health insurance carrier. Also,
look at the definition of what treatments are considered "medically necessary." In some cases, reconstructive surgery after
a mastectomy is not considered a "medical necessity" but rather "optional" cosmetic surgery. It may not be specifically covered
by your health insurance policy but, if it is not, you may wish to consult with a knowledgeable lawyer or other health consumer
advocate.
3. Find out about the appeals process under your insurance policy.
If you have been denied
coverage for a treatment, make sure that you meet all the deadlines set by your insurance carrier for appeals. In the first
letter that denies coverage, check to see if your insurance company has given you a deadline by which an appeal or response
from you must be received. If so, make sure you respond by the deadline. All communications should be in writing and sent
by certified mail, return receipt requested.
Information about making appeals should be included in your summary and master policy. If it is a lengthy
policy, the appeals clause or procedure may be hard to find. It is typically near the end of the policy. Read your denial
letter carefully. If it does not include a deadline or a description of the appeals procedure, write to your insurer and request
that they immediately send you this information in writing. Sometimes a deadline for an appeal may exist without your knowledge.
Stay on top of this and meet every deadline (always in writing)!
4. Consult with an expert who is knowledgeable about health insurance law.
It is essential
that you have expert advice if you have been denied coverage for treatment or services prescribed by your treating physician.
If your life or health is in jeopardy, consult a knowledgeable lawyer. While it is unfortunate, the reality is that a letter
from a lawyer or a consumer advocate is often taken more seriously by insurers than a letter from the insured. Such a letter
can often speed up a reversal of a denial of coverage.
If you cannot afford a private lawyer, there are pro bono attorneys who may be able to provide free advice.
In addition, you can seek counsel from some consumer advocacy groups. Just make sure the people from whom you seek advice
are knowledgeable about health insurance. Ask about their education and experience handling these types of issues. Be leery
of any "professional" who is unlicensed. In addition, do not wait until you have exhausted all of your appeals before consulting
a lawyer or consumer advocate. Often, there is little that can be done after the appeals process has been exhausted.
5. Plead your case in person to your insurance carrier.
A personal appeal to an insurance
company's "grievance committee" is often more effective than a written appeal. Find out who sits on the committee. Ask if
you can bring your physician, lawyer or advocate with you. Having a knowledgeable professional with you can only help your
case. It demonstrates that you are serious about protecting your rights and may help to speed up the appeals process.
6. Personalize your written case with your insurance company.
If you are not allowed to
appear before a grievance committee, enclose your photograph, along with photographs of your family and friends, with any
correspondence or materials that you send. You should also include letters from your family, friends and clergy. Submit anything
that will help to personalize your case. Remember that you are fighting for your life and/or health! Your goal is to ensure
that all the people reading your case realize the personal impact and consequences of their decisions!
7. Obtain copies of your medical records.
Make sure that you have copies of all your medical
records and any correspondence between your physician and your health insurance carrier. Make sure that your physician continues
to send you any correspondence between him or her and your insurance carrier. Your physician may charge you for copies of
your medical records, but you are legally entitled to receive all your records.
8. Document everything!
Document your telephone calls. Each time you speak with a representative
of your health insurance company, keep detailed records including the date and time, the person's name, his or her title,
telephone number, his or her supervisor's name and what was discussed. If the representative made any promises or assurances,
be sure you have an accurate record of exactly what was said. If someone is calling on your behalf, make sure he or she also
keeps detailed notes.
9. Ask your physician to advocate for your treatment.
Obtain an affidavit or a notarized
statement from your treating physician (and specialists who have been called in for consultation and/or treatment) that specifically
describes your illness and what is required to treat your illness. This statement should also include a brief medical history
and your prognosis with and without treatment. Your physician(s) should include current copies of whatever medical literature
is available on your illness and proposed treatment with the statement. If possible, all of this information should be sent
to your insurance carrier with your first written appeal. If a knowledgeable professional is helping you, make sure that you
sign a written release of your physician/patient privilege so that the professional can discuss your treatment with your physician.
10. Be prepared to fight!
Your health may prevent you from being the best advocate for
your own treatment. Enlist the help of a friend or family member if you are not prepared mentally or physically to fight for
your appeal. Don't worry about being "nice" or pleasing other people. You may have to be rude, persistent and/or demanding.
A knowledgeable legal professional can help you cut through the red tape and delays that you may face during an appeal. He
or she will be able to file your case in court, if that appears to be the only recourse left to you following your appeals.