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grahamhgreen (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 03:49 PM Original message |
Yes, big insurance can still use rescission to reject your insurance claims! - Huff Po |
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mdmc (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 03:49 PM Response to Original message |
1. yeah I know |
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LiberalLoner (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 03:50 PM Response to Original message |
2. Sucks. :( Wish we could have single payer. n/t |
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Uncle Joe (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 03:55 PM Response to Reply #2 |
5. That would be too perfect and you can't have the good being the enemy of the perfect, |
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midnight (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 03:51 PM Response to Original message |
3. Put teeth into this law, and make it work.... |
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sandnsea (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 03:52 PM Response to Original message |
4. Yeah, fraud. You know, claiming you'e insured when you aren't |
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Oregone (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 04:57 PM Response to Reply #4 |
9. Are you sure they can't ask you about your conditions? |
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sandnsea (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 05:11 PM Response to Reply #9 |
11. They can't base premiums on health |
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Oregone (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 05:24 PM Response to Reply #11 |
12. "So I don't know what the purpose of asking about pre-existing conditions would serve" |
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sandnsea (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 05:39 PM Response to Reply #12 |
13. The "fraud" you speak of would be a pre-existing condition |
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Oregone (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 05:47 PM Response to Reply #13 |
14. Fraud is fraud |
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laughingliberal (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 06:16 PM Response to Reply #13 |
21. Having a preexisting condition would not allow them to refuse to cover you |
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laughingliberal (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 06:19 PM Response to Reply #12 |
22. They can rescind the policy and force the patient to go through their 'internal review' process |
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laughingliberal (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 06:13 PM Response to Reply #4 |
19. That doesn't make a bit of sense |
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DireStrike (1000+ posts) Send PM | Profile | Ignore | Thu Apr-01-10 10:16 AM Response to Reply #4 |
62. Are you saying that the industry will only use this in cases of fraud? |
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ET Awful (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 03:57 PM Response to Original message |
6. The legal definition of fraud requires that it be committed knowingly. |
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Oregone (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 04:59 PM Response to Reply #6 |
10. Isn't negligent misrepresentation classified as fraud? |
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Ms. Toad (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 05:49 PM Response to Reply #10 |
15. No, and the gist of fraudulent misrepresentation |
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Oregone (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 05:56 PM Response to Reply #15 |
16. But they can claim intent and leave it to a court to sort out the details |
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Ms. Toad (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 06:09 PM Response to Reply #16 |
18. Nope. You have to have specifically allege all three elements |
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Oregone (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 06:14 PM Response to Reply #18 |
20. "Any first year law student would be able to get that claim dismissed with a one page motion" |
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laughingliberal (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 06:34 PM Response to Reply #20 |
25. The first recourse the patient has, before they can pursue any other course, |
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Ms. Toad (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 06:41 PM Response to Reply #20 |
26. You'll have to wait for the regs to see how it will be implemented |
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grahamhgreen (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 08:54 PM Response to Reply #26 |
39. I beg to differ - here is how the insurers operate (link) |
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Ms. Toad (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 11:27 PM Response to Reply #39 |
51. That is how they operate now - when they are permitted to pick and choose |
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laughingliberal (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 11:49 PM Response to Reply #51 |
55. I see no reason to leave anything to chance or give them any wiggle room |
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grahamhgreen (1000+ posts) Send PM | Profile | Ignore | Thu Apr-01-10 10:09 AM Response to Reply #51 |
61. What they say is "you are sick, it will cost us too much money, is there anything we |
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Foo Fighter (621 posts) Send PM | Profile | Ignore | Thu Apr-01-10 12:02 AM Response to Reply #39 |
59. Exactly. |
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ET Awful (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 06:49 PM Response to Reply #18 |
28. Bingo. The burden of proof lies with the one alleging fraud, not the one accused of fraud. |
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Oregone (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 06:57 PM Response to Reply #28 |
29. "ends up being cheaper for them to pay the claim than to defend the lawsuit" |
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ET Awful (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 07:21 PM Response to Reply #29 |
30. A case like that would be handled on contingency basis by any lawfirm |
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laughingliberal (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 07:38 PM Response to Reply #30 |
31. Uh huh. Except the law only provides for an internal review process followed by an external review |
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ET Awful (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 08:31 PM Response to Reply #31 |
35. Not exactly true. The insurance company says they only provide that |
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laughingliberal (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 09:22 PM Response to Reply #35 |
43. Perhaps people are free to sue before they get through the review processes |
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ET Awful (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 09:44 PM Response to Reply #43 |
46. Get back to me when you've spent a decade or so in courtrooms on both sides |
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laughingliberal (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 10:24 PM Response to Reply #46 |
47. How about if we just close the fucking loophole before we put people in the position of |
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Foo Fighter (621 posts) Send PM | Profile | Ignore | Wed Mar-31-10 11:56 PM Response to Reply #47 |
58. +1000000000000. n/t |
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laughingliberal (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 06:24 PM Response to Reply #6 |
23. How do you prove a negative? |
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grahamhgreen (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 08:41 PM Response to Reply #23 |
38. This is exactly it! |
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eleny (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 03:59 PM Response to Original message |
7. We'll be fighting these battles for some time since the right thing wasn't done in the first place |
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ixion (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 04:35 PM Response to Original message |
8. ah yes... I said they would find loopholes |
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Ms. Toad (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 06:00 PM Response to Original message |
17. Recission is not permited now, or under HCR, absent fraud |
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laughingliberal (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 06:28 PM Response to Reply #17 |
24. This isn't about being able to refuse to sell you a policy or charge you more for it based on prior |
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Ms. Toad (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 07:49 PM Response to Reply #24 |
32. It is about issuance and price. |
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laughingliberal (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 08:18 PM Response to Reply #32 |
33. Please explain how your post jives with the wording of the bill |
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ET Awful (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 08:41 PM Response to Reply #33 |
37. First, your definition of the word "rescission" is faulty. |
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grahamhgreen (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 08:57 PM Response to Reply #37 |
40. This is what they do and will continue to do |
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ET Awful (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 09:40 PM Response to Reply #40 |
45. And those type of rescissions are not permitted under the bill because they DO NOT |
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laughingliberal (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 11:33 PM Response to Reply #45 |
53. Let's just close the loophole |
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laughingliberal (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 09:00 PM Response to Reply #37 |
42. Yes. Rescission is canceling your policy for any reason |
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ET Awful (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 09:38 PM Response to Reply #42 |
44. Little tip: Being an RN does not equate to knowing how the law works |
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laughingliberal (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 11:26 PM Response to Reply #44 |
50. No, but It's given ample opportunities to watch how insurance companies screw their customers |
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Ms. Toad (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 11:12 PM Response to Reply #33 |
48. They cannot cancel your policy when you get sick |
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laughingliberal (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 11:29 PM Response to Reply #48 |
52. Let's just close the loophole |
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grahamhgreen (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 11:48 PM Response to Reply #48 |
54. They can stop paying your bills. They can cancel and you have to make the |
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laughingliberal (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 11:53 PM Response to Reply #54 |
57. Right. If the insurance companies believe they are being defrauded make them prove it before they |
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greencharlie (827 posts) Send PM | Profile | Ignore | Wed Mar-31-10 06:43 PM Response to Original message |
27. time for more regulation... nt |
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amborin (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 08:21 PM Response to Original message |
34. as if we didn't know. state of California has had to drop its suits against Anthem for recission |
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laughingliberal (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 08:34 PM Response to Reply #34 |
36. Yep! And, despite what some here have said, the enforcement of the regulations will still be left to |
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grahamhgreen (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 08:58 PM Response to Reply #36 |
41. And when the insurers are mandated trillions, there will be no stopping the abuses. |
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defendandprotect (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 11:15 PM Response to Original message |
49. Seems they were also trying to renege on the NO pre-emptive for children deal . . . |
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grahamhgreen (1000+ posts) Send PM | Profile | Ignore | Wed Mar-31-10 11:51 PM Response to Reply #49 |
56. And they will try and try again for the next 50 years until they win. The mandate gives them |
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defendandprotect (1000+ posts) Send PM | Profile | Ignore | Thu Apr-01-10 12:15 AM Response to Reply #56 |
60. We are strengthening our enemies with our own tax dollars -- !!! |
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defendandprotect (1000+ posts) Send PM | Profile | Ignore | Thu Apr-01-10 10:18 AM Response to Original message |
63. And, seemingly, they're not the slightest bit concerned about |
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