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re: Doctors win lawsuit against Blue Cross Blue Shield

Posted on 9/25/24 at 9:42 pm to
Posted by LSUfan4444
Member since Mar 2004
56647 posts
Posted on 9/25/24 at 9:42 pm to
Maybe she just wanted the most advanced care and procedures that should be widely provided for these women?

Maybe she should have thought about that when she chose her plan.
Posted by donRANDOMnumbers
Hub City
Member since Nov 2006
17361 posts
Posted on 9/25/24 at 9:48 pm to
As a husband whose wife went through a year and half process of chemo, radiation and multiple surgeries recently.

There is no such thing as bougie, just who will do the best job.
Posted by Ric Flair
Charlotte
Member since Oct 2005
13868 posts
Posted on 9/25/24 at 10:41 pm to
Quick check of their website shows 8 doctors. So each doc gets $50 million? Something is fishy here
Posted by dallastigers
Member since Dec 2003
9597 posts
Posted on 9/25/24 at 11:12 pm to
quote:

This is where you would bring any woman that you loved.


And pay the additional money that being out of network will not be covered by insurance.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
30036 posts
Posted on 9/25/24 at 11:22 pm to
quote:

$421 million dollars is ludicrous by any account


First, according to the article it was 9000 procedures over 8 years that were preapproved.

That would be just under $47k average per procedure not counting any interest. That would arguably be high for just physicians surgical fees but the Center for Breast Reconstruction is a stand a alone hospital that provides end to end care for at least those local or willing to travel or stay for all followups. $47k is probably at most half maybe even as low as a quarter for the total bill for bilateral reconstruction especially the more involved procedures like APEX and DIEP flap procedures.

I think a lot more information is needed to determine the sanity of the verdict.
This post was edited on 9/26/24 at 2:22 am
Posted by dallastigers
Member since Dec 2003
9597 posts
Posted on 9/25/24 at 11:23 pm to
quote:

James Williams from the Board of Supervisors tried it.



Must have had some black doctors affected or black patients the doctors were going to go after if this didn’t work out.
Posted by TripleBarrelBluff1
Sin City
Member since Aug 2024
2430 posts
Posted on 9/26/24 at 2:08 am to
quote:

$421 million dollars is ludicrous by any account and anyone cheering it while also complaining about health insurance doesn’t understand how any of this works.


It doesn't work, that's the point. For the patient anyway. It works fabulously for making blue cross money. The executives could be lined up and shot and it would be a good start.
Posted by Bazzatcha
Member since May 2017
946 posts
Posted on 9/26/24 at 4:57 am to
(no message)
This post was edited on 9/26/24 at 4:59 am
Posted by Puffoluffagus
Savannah, GA
Member since Feb 2009
6447 posts
Posted on 9/26/24 at 5:22 am to
The whole pre authorization doesn't guarantee payment is the one of the biggest bullshite things about insurance.

If the insurance company pre authorized the procedures they ought to pay what their contractual obligations are for in network or out networking pricing with the patient. The fact they can pre authorize a procedure, have it done, and then say oh actually we aren't going to pay that particular claim is a racket.
Posted by Traffic Circle
Down the Rabbit Hole
Member since Nov 2013
4880 posts
Posted on 9/26/24 at 5:42 am to
Paying claims increases premiums. If insureds would just be happy, pay their insurance, and not make any damn claims, things would be just fine. /s
Posted by Oneforthemoney
New Iberia, La
Member since Dec 2013
2420 posts
Posted on 9/26/24 at 6:16 am to
Brought son to emergency room last year. He stayed overnight. 25k. Because of self pay, discount down to $6700. Makes you wonder how much they are overcharging insurance companies
Posted by MMauler
Primary This RINO Traitor
Member since Jun 2013
23912 posts
Posted on 9/26/24 at 6:18 am to
quote:

The whole pre authorization doesn't guarantee payment is the one of the biggest bullshite things about insurance.


This was my question. What exactly did they preapprove?

If the BC/BS contract provides that you can go to an out-of-network if you wish (i.e., pre-approved), however, they will only pay $X amount, then that is what they should pay.

if the payer patient still decides to go to this out of network provider, then it’s the patient who is on the hook for the difference. The out-of-network doctor should provide the patient with the exact amount they will charge, the amount covered by insurance, and the amount the patient will be required to pay.

One of the big problems in this system is that doctors (and their officer workers) don’t like to talk money. It’s almost like they think they’re above it. However, if they want to get paid, they should be required to have everything spelled out before any procedure is done. Doctors shouldn’t be allowed to just stay out-of-network from every major insurance company and then charge these insurance companies whatever the frick they want and expect to be paid their full (or even grossly inflated) fees.

On appeal, it’ll all come down to what the contract actually says about how much out-of-network providers are to be paid. Just because the doctors chose to stay out-of-network because they didn’t want to negotiate their rates, there is no fricking way they are going to get whatever they chose to bill.
This post was edited on 9/26/24 at 2:33 pm
Posted by Tarps99
Lafourche Parish
Member since Apr 2017
11604 posts
Posted on 9/26/24 at 6:29 am to
quote:

First, according to the article it was 9000 procedures over 8 years that were preapproved. That would be just under $47k average per procedure not counting any interest. That would arguably be high for just physicians surgical fees but the Center for Breast Reconstruction is a stand a alone hospital that provides end to end care for at least those local or willing to travel or stay for all followups. $47k is probably at most half maybe even as low as a quarter for the total bill for bilateral reconstruction especially the more involved procedures like APEX and DIEP flap procedures. I think a lot more information is needed to determine the sanity of the verdict.



Of note too, the center was considered out of network for Blue Cross meaning it was only obligated to pay 50-65% of costs depending on a patient’s insurance plan. Now knowing the types of patients they were seeing, some probably thought they would hit their out of pocket max for the year, but on many plans that cut off is only on in network procedures.

With that said if each procedure with follow-ups cost 50k, at a 50% out of network deductible, Blue cross was obligated to pay at least half at 25k that does mean this center would have been billing the patients another 25k. Unless the center was trying to pull the old trick of we will bill your insurance 3 times the cost, to collect a third and if we get a satisfactory amount we will cancel the rest of the bill.

Blue Cross might have been seeing this and was trying to ensure the right payments because part of the lawsuit was that Blue Cross was dragging their feet on paying claims. Blue Cross also wanted them to be an in network provider, but it looks like clinic didn’t want the scrutiny that comes from being an in network provider since that would have reduced their ability to overbill and would have set comparable contract rates like other providers in the region.
This post was edited on 9/26/24 at 6:31 am
Posted by WylieTiger
Member since Nov 2006
14431 posts
Posted on 9/26/24 at 6:46 am to
The double mastectomy with reconstruction and DIEP flap is not something you go to any surgeon to have done. Having worked with a few of these surgeons over the years there’s definitely some I would not let touch a family member vs some that are excellent at their craft. This is one of those things that is specialized and should surgeon choice not be dictated by insurance. A botched surgery for this results in a disfigured result and complications. I’m on the patient/md side here. Honestly there’s only 4-5 surgeons in the SE Louisiana region that I would feel comfortable with for this procedure.
This post was edited on 9/26/24 at 6:47 am
Posted by Athanatos
Baton Rouge
Member since Sep 2010
8178 posts
Posted on 9/26/24 at 6:59 am to
quote:

Quick check of their website shows 8 doctors. So each doc gets $50 million? Something is fishy here


I wouldn’t be surprised if there is a lot of interest and penalties in that number.

Also, how many years of income does that cover?


As noted below, these are complicated surgeries. If pimple poppers are making millions a year, how much should a best in class plastic surgeon who gave up a decade of his life to training make? Probably a lot.
Posted by LSUfan4444
Member since Mar 2004
56647 posts
Posted on 9/26/24 at 7:08 am to
quote:

This is one of those things that is specialized and should surgeon choice not be dictated by insurance


Plans have coverage guidelines

People choose plans, networks and benefits and pay premiums associated with what is and is not covered. Wanting coverage beyond that gets tricky

If the providers refused to sign a contact with the payor, they should have at least signed a letter of agreement to perform the services.

Now, they’ll spend tens if not hundreds of thousands of dollars in legal fees in appeals.
Posted by dyslexiateechur
Louisiana
Member since Jan 2009
35831 posts
Posted on 9/26/24 at 7:14 am to
quote:

Honestly there’s only 4-5 surgeons in the SE Louisiana region that I would feel comfortable with for this procedure.


I wonder if my surgeon would make your list. He and his partner managed to do it in 5 hours and I was happy with the results.


Posted by dallastigers
Member since Dec 2003
9597 posts
Posted on 9/26/24 at 7:26 am to
quote:

This is one of those things that is specialized and should surgeon choice not be dictated by insurance.


It wasn’t dictated. They just were out of network. The surgeons are forcing that choice to pay out of network as much as insurance by refusing to come to a negotiated rate with Blue Cross. The doctors dropped Blue Cross years ago. Blue cross didn’t drop them.

80% of patients come from out of state and doctors try to negotiate with out of state Blue Cross even though contractual Louisiana’s Blue Cross administrators rates paid in Louisiana. The rate paid is not what was billed by out of network doctors as there is no agreement in place on rate; but after deductibles any out of network % is paid on an average market rate per agreement with customer. That is stated in agreement with patients and that they would be responsible for all out of network fees above that average rate.

Considering every employer can offer different out of network coverages and then these can also vary by state 7,200 patients could have different out of state formulas in contracts. For jury to come up with verdict and award with in state patients and patients out of various other states in just 2 hours they must of had some Sheldon coopers, how bout them apples boston math janitor guy, and so on as jury members or just took plaintiffs word on the number.

This post was edited on 9/26/24 at 2:45 pm
Posted by MMauler
Primary This RINO Traitor
Member since Jun 2013
23912 posts
Posted on 9/26/24 at 2:39 pm to
quote:

This is one of those things that is specialized and should surgeon choice not be dictated by insurance.



So, you think that these doctors should be able to stay out-of-network and then charge whatever the frick they want and that an insurance company should be required to pay that amount despite the fact that they have no fricking contract or agreement with that doctor?

Every insurance company I've ever dealt with have clear provisions on what they will cover for in-network providers and out-of-network providers. In the past I have chosen to go to out-of-network providers on rare occasions. And, I knew that I would be responsible for a much greater dollar amount by doing so. THAT WAS MY CHOICE.

Same here. If the patient wants to go to doctors who refuse to negotiate with their insurance company (and become in-network) then they (the patients) are on the hook for whatever their insurance is not contractually obligated to pay. In these situations, there really isn't any privity of contract between the doctors and the insurance company that they refuse to negotiate with. This really is basic contract fricking law and should never have been given to a jury to come up with this absurd number whereby, IT SEEMS, the doctors just charged whatever the frick they wanted and the jury awarded them that amount for apparently sympathetic reasons.

Since it was the patient who CHOSE to go to a doctor they KNEW was out-of-network, THE PATIENT should be required to come up with the difference between what the insurance company was contractually obligated to pay and what the doctors billed. And, like I mentioned above, the DOCTORS should be required to spell all of this out before they perform any procedure so that they patients know exactly what they are going to be on the hook for.

And, the doctors could have easily have gone after their patients. But, they probably realized that there was no way some of these women would be able to pay these amount so they went after the "bigger pockets" and sued the insurance companies. They were able to get an ignorant and sympathetic jury that probably thought that the "insurance company can afford it" and just gave the doctors what they want.

And, let's face it -- with Louisiana citizens having to pay absurd amounts for homeowner's and flood insurance, the doctors couldn't have chosen a better jurisdiction to bring their case. Insurance companies in Louisiana are EXTREMELY UNPOPULAR.

Again, the only possible exception might be with the exact language and terms of the "preapproval." If the insurance company's preapproval was simply that they would pay the "out-of-network" rate (i.e., they'd pay SOMETHING and wouldn't be completely denying coverage because it was some sort of "experimental" or non-covered or elective procedure), then this should have been a matter of summary judgment in favor of the insurance company. I suspect that is what happened here. Coverage wasn't denied as some sort of "elective" procedure (think, nose job or boob job) but the insurance company never agreed or "preapproved" paying anything in excess of their standard and contractual out-of-network rate.
This post was edited on 9/26/24 at 2:54 pm
Posted by SECdragonmaster
Order of the Dragons
Member since Dec 2013
17334 posts
Posted on 9/27/24 at 6:19 am to
The problem with vilifying “out of network” doctors is that being “in network” means accepting whatever fees BCBS tells you to accept.

There is no negotiation. It is take it or leave it.
This post was edited on 9/27/24 at 6:20 am
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