Two Great Pieces on Health Care Reform in the Des Moines Register
By PrivatePigg ~ October 29th, 2009. Filed under: Uncategorized.
I’ve always found it interesting that we label a doctor’s choice to run MRIs and other sophisticated tests on patients as “defensive medicine.” This is a label concocted by the insurance companies and their lobbyists to cause people to believe that the testing is somehow illegitimate or wasteful.The truth is that no doctor would run these tests if the doctor already knew what the patient’s particular health issue was.
Exactly. The only time they practice so-called “defensive medicine” is when they haven’t figured out the problem and still need to perform additional tests to correctly determine what the problem actually is. And if they felt some other test was likely to diagnose the problem, that test would be run first.
Do you think you’re OK because you have insurance?But what if your health-insurance company refuses to pay for the care your doctor says will save your life? You can be denied coverage by your workplace insurer and you have no real remedy to fight back.
The Employment Retirement Income Security Act of 1974 covers employee health plans. Once Congress acts in a particular area, all state law on the subject - including normal civil remedies - is gone.
ERISA eliminates remedies that used to be available if your insurer denied you coverage in bad faith. You could sue for damages to compensate you for the lost income, pain and disability caused by a delay in treatment caused by refusal to cover a necessary procedure. Now, those remedies are gone.
The only recourse you have is to sue for the benefits denied. That’s it. All the insurance company ever has to pay you is what it should have paid you in the first place. Insurers engage in rampant coverage exclusion and claim denial. They get rich saying “no” to policyholders who need health care.
Is it any wonder that insurance is so costly considering how much it is regulated by government? From ERISA pre-empting your right to seek redress in a local court in front of local people, to your entire policy basically being dictated by state statute, and insurance companies being permitted to monopolize care within individual states (unlike other industries), it is really not a shock that the industry is such a mess - and so inefficient for consumers.
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November 3rd, 2009 at 8:57 pm
[...] to that charge that costs are up because doctors must practice “defensive medicine” (recall that these so-called “big costs” are 1-1.5% of [...]
November 4th, 2009 at 8:49 pm
[...] to that charge that costs are up because doctors must practice “defensive medicine” (recall that these so-called “big costs” are 1-1.5% of [...]