Phia Group Russo & Minchoff

Administrator Flubs Stop-loss Claim; State-law Charges on Administrator Not Preempted

cmonfils | January 18, 2012

Employer’s Guide to Self-Insuring Health Benefits        January 2012 | Vol. 19, No. 4 

A claims administrator lost an attempt to dismiss negligence and breach of contract charges relating to its failure to process and pay a large claim before the final day of a stop-loss policy’s run-out period. 

The self-insured Hebrew Home health plan sued administrator CoreSource and stop-loss insurer Sun Life for negligence and breach of contract under state law, alleging that the administrator dragged its feet paying the claim and ended up missing a March 31 deadline that would have enabled the plan to collect $180,000 in stop-loss reimbursement. (more…)

Late News: AHA, lawmakers to consider raising Medicare eligibility age

cmonfils | October 12, 2011

www.modernhealthcare.com

By Modern Healthcare   Posted: October 3, 2011 – 12:01 am ET

Raising the Medicare eligibility age to 67 will be among a host of topics American Hospital Association members will discuss with lawmakers this week during the group’s advocacy meeting in Washington. “This is an idea that has been put forward by House Democrats, an idea put forth by the president,” said Tom Nickels, AHA’s senior vice president of federal relations. “So this is not an idea that doesn’t have a wide spectrum of individuals who are willing to consider it—not endorse it, but consider it.” (more…)

States Move To Implement Health Reform Provisions

cmonfils | September 19, 2011

www.hr.cch.com

CCH® BENEFITS — 09/01/11
from Spencer’s Benefits Reports: According to the Kaiser Family Foundation’s State Health Facts, 23 states have established American Health Benefit Exchanges under the Patient Protection and Affordable Care Act (ACA), have enacted legislation with the intent to establish an Exchange, or have Exchange legislation pending.
Massachusetts and Vermont have established Exchanges, while California, Colorado, Connecticut, Hawaii, Maryland, Nevada, Oregon, Vermont, Washington, and West Virginia have enacted legislation to establish an Exchange. Hawaii’s Exchange will be a nonprofit, Vermont Exchange will be operated by the state. The rest of the Exchanges will be quasi-governmental.
The Exchange will be a clearinghouse and contract with all qualified health plans in Colorado and Hawaii. In California, Connecticut, Oregon, and Vermont, the Exchange will be an active purchaser contracting with selected health plans and/or negotiating premium prices with health plans. The other states have not yet decided the type of Exchange they will operate.

In Illinois, Indiana (by executive order of the governor), North Dakota, and Virginia, legislation has established the intent to set up an Exchange, while Alabama (by executive order of the governor), Georgia (by executive order of the governor), Mississippi, and Wyoming will study the feasilibility of an Exchange.
The District of Columbia, New Jersey, North Carolina, and Pennsylvania have Exchange legislation pending.
For more information, visit http://statehealthfacts.kff.org/comparemaptable.jsp?ind=962&cat=17.
Rate Review Programs
The federal government will either conduct or assist health insurance rate reviews in nine states, according to the most recent fact sheet from the Center for Consumer Information and Insurance Oversight (CCIIO), which discusses the rate review requirements included in the ACA.
According to the CCIIO, as of Aug. 15, 2011, state rate review procedures were as follows:
  43 states, the District of Columbia, and one U.S. territory have effective rate review in at least one insurance market;
  41 states, the District of Columbia, and the U.S. Virgin Islands have effective review for all insurance markets and issuers.
  In two states (Virginia, Pennsylvania), the federal government will partner with the state to conduct reviews; and
  The federal government will conduct reviews in seven states (Wyoming, Montana, Missouri, Louisiana, Idaho, Arizona, and Alabama) and four U.S. territories (American Samoa, Guam, Northern Marianas Islands, and Puerto Rico) until those areas are able to strengthen their review processes and authorities.
Starting Sept. 1, 2011, insurers seeking rate increases of 10% or more for non-grandfathered plans in the individual and small group markets are required to publicly disclose the proposed increases and the justification for them.
For more information, visit http://cciio.cms.gov/resources/factsheets/rate_review_fact_sheet.html.

State Health Care Reform Update – Maryland

cmonfils | May 31, 2011

www.hr.cch.com 

CCH® BENEFITS — 05/25/11

Maryland. The state has passed legislation that sets up the state’s health insurance exchange, as mandated by the Patient Protection and Affordable Care Act (ACA). Maryland’s exchange will be an Internet portal that will provide individuals and small businesses the opportunity to compare rates, benefits, and quality ratings between health insurance plans. Maryland also passed several other laws to align Maryland law with provisions in the ACA, such as barring insurers from denying coverage to children with preexisting conditions, eliminating lifetime limits on essential benefits, requiring insurance companies to cover certain preventive services like mammograms and flu shots, and allowing young adults to stay on their parents’ insurance policies until age 26. For more information, visit http://mlis.state.md.us/.

State Health Care Reform Update

cmonfils | April 8, 2011

www.hr.cch.com      CCH® BENEFITS — 04/04/11

from Spencer’s Benefits Reports: For the last few years, states have been leading the way toward more comprehensive health care coverage to ensure that more people have or can obtain health insurance. With the passage of federal health care reform, states will have increasing responsibilities in regard to employer-provided health insurance benefits. Spencer’s Benefits Reports continues to provide regular updates about state health care reform. (more…)

Insurers May Slash Rates to Hospitals

Adam V. Russo | May 24, 2010

By Liz Kowalczyk, The Boston Globe www.boston.com

Massachusetts health insurers say they want to freeze or slash payments to some hospitals and large physician groups this year, setting up the toughest contract negotiations in memory and creating the potential for disruptions in where patients get their care. Other providers would get small increases, at most. (more…)

MD State Health Care Reform Update

Adam V. Russo | February 23, 2010

Maryland. A bill pending in the state would allow young adults to continue enrollment in their parents’ health care plan until age 30. Current law allows dependent individuals to remain on a parent’s plan until they attain age 25. By expanding this to age 30, graduate students, veterans returning to school, and young adults who have been laid off and are seeking employment would be helped. Similar laws exist in New Jersey, New York, and Pennsylvania. For more information, visit http://www.mdinsurance.state.md.us/sa/jsp/Mia.jsp.

State Supreme Courts Rule on COB Between Insured-Group and No-Fault Auto Coverage

Adam V. Russo | February 12, 2010

The highest appellate courts of Maryland and Montana handed down decisions relating to the method by which insured group health plans and the personal insurance protection (PIP) benefits are to be coordinated. In both cases, a group plan refused to cover medical expenses for which PIP reimbursement is provided through auto liability policies. The courts came up with different results. (more…)

State Courts Rule On Insured-Group And No-Fault Auto COB

Adam V. Russo | February 12, 2010

High courts of Maryland and Montana handed down contrasting decisions relating to coordination of insured group-health and personal insurance protection (PIP) benefits. in both cases, a group plan refused to cover medical expenses for which PIP reimbursement was provided through auto liability policies. In Maryland, a court gave precedence to a provision saying group plans can coordinate with any entity that paid health expenses. Montana’s insurance commissioner threw out Blue Cross’ (BCBS) group-plan enrollment forms, which reserved the right to not pay for an injured member who received or benefits from liability insurers. The court rebuffed BCBS’ challenge, ruling that the Blue would be entitled to subrogation only after it paid benefits to its insured.

Maryland Hospital Billing

Adam V. Russo | October 23, 2009

The following article was submitted from Kevin Chapman of  Boon-Chapman

BALTIMORE — In the fight over a health-care overhaul, Maryland’s experience with setting hospital rates suggests the federal government could realize savings on health spending, but at a price of more regulation for health providers. (more…)

Restaurateurs Seek Supreme Court Review of San Francisco Health Insurance Mandate

Adam V. Russo | June 29, 2009

by Amanda Bronstad of The National Law Journal, www.law.com

An association representing the restaurant industry has filed a petition for writ of certiorari before the U.S. Supreme Court to overturn a ruling by the U.S. Court of Appeals for the 9th Circuit upholding a law requiring employers in San Francisco to provide health insurance to their employees. (more…)

State Laws Cannot Require More From Self Funded Plans Than ERISA. . .

Adam V. Russo | April 4, 2007

Recently, in the state of Washington, a law was passed that prohibits workplace discrimination based upon sexual orientation. When an employee protested the denial of health care coverage to her partner by her employer’s self funded ERISA plan, she brought the matter to court. The court in turn determined that the law could not be enforced against private employers with self funded plans, as it conflicted with ERISA. (more…)