Finding Dr. Right

When Something Goes Wrong

Shopping Smart for a Hospital

Your Rights As a Hospital Patient

Questions to Prepare for Surgery

If You Think You're Leaving the Hospital Too Soon

Getting to Know Your MCO (managed care organization)

How to Prevent Medical Errors

Preventing Prescription Errors

Action Agenda

Facts on Malpractice

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GETTING TO KNOW YOUR MCO

Finding the Right HMO for You | If Something Goes Wrong | Internet Medicine


Consumers increasingly participate in "managed care" plans, such as health maintenance organization, where health insurance costs are often lower if you use doctors and facilities authorized by the plan. With a managed care plan, you receive the health care you would with traditional insurance (with some extra benefits such as annual physicals, immunizations, eye glasses, and prescription drugs) for a low co-payment, usually $5 to $15 a visit, and a limited deductible. Brilliant in theory: workers and employers pay less for additional and more varied services. But what happens when the insurance company starts to intervene in decisions made by you and your doctor? Or if you need to see a specialist who’s not part of the plan? What if you have a pre-existing condition? MCO’s may have very serious hidden costs.

In 1996, NYPIRG worked with a coalition of health advocates and professionals to successfully to get the Managed Care Patients’ Bill of Rights passed in the New York State Legislature. The Patients’ Bill of Rights brings extensive protection to consumers enrolled in both managed care and traditional insurance plans. Under this legislation, managed care and insurance companies are required to release to release cast amounts of information to enrollees and must release even more upon the written of an enrollee.

In 1998, NYPIRG helped push passage of legislation in expanding the protections in the Patients Bill of Rights. Under the legislation, as of July 1, 1999, health care consumers have an opportunity to appeal disputes with their MCO to a panel of independent medical experts. This panel will be independent of the MCO and will be able to review certain MCO denials of medical services and coverage.

When you are shopping for an MCO, it’s often hard to get useful information about the plans. You can now get some information on the quality of health care offered by MCOs. The State Health Department now issues an annual "Quality Assurance Reporting Requirements (QARR) report." The report examines how well plans are performing by disclosing items such as lead screening rates, HIV testing of pregnant women the board certification levels of physicians in the plans and the turnover rate of consumers. You can get the QARR report by contacting the Department at:

Bureau of Quality Management and Outcomes Research
Office of Managed Care
NYS Department of Health
Empire State Plaza
Corning Tower, Room 1864
Albany, NY 12237
518-486-6074 or visit their website at www.health.state.ny.us

Definitions
Provider: The doctor, hospital, or skilled nursing facility that holds contract with a managed care organization (or organizations) to treat managed care members in exchange for an established reimbursement rate.

Subscriber (enrollee): The person who contracts with a managed care organization for health care services.

MANAGED CARE ORGANIZATIONS
Health Maintenance Organization (HMO): An HMO is a health plan in which you are expected to receive care from within a network of doctors, hospitals, and other providers who have contracts with the plan. HMO enrollees select a primary care provider, generally a family practitioner, internist, or pediatrician to provide basic care and make referrals to specialists for care beyond what they can provide. These primary care physicians care called "gatekeepers." Out-of-pocket costs are low with HMOs, typically involving only a co-payment to providers.

Staff or group model HMO: The most restrictive of MCOs, staff or group models require that enrollees choose a primary-care physician to act as a gatekeeper. Staff or group model HMOs pay physicians a salary or a set amount per patient (capitation). Group or staff models often have their own medical centers with specialists and primary-care physicians, so all care can be received in a central location.

Independent practice association: The "IPA" is less restrictive than the group or staff model HMOs. In an IPA, individual; physicians are under contract to a separate group (the IPA), that in turn contacts with an HMO. Enrollees receive a list of participating primary-care physicians from which to choose, and visits take place in the individual physician's office. Referrals are granted for care to specialists within the IPA. By far, the largest number of MCO members are in IPAs. With IPAs, physicians often belong to more than one MCO, and may also continue to see fee-for-service patients in their offices.

Network model HMO: A network model HMO provides medical services within a "network" that can include its own health centers as well as outside participating physicians, medical groups, and multi-specialty medical centers.

Point-of-Service HMO: Also called "self-referral options", point-of-service plans permit members greater choice and flexibility than standard MCOs. You may use doctors within the network at little or no cost, or go "out of plan" to non-HMO providers, paying additional costs chase their health insurance directly, New York State law requires managed care plans to offer you a POS option.

Preferred Provider Organization (PPO): A PPO is a network of doctors and hospitals that have agreed or give the sponsoring organization (ex. employer or insurance company) discounts on their usual rate. Enrollees pay more out of pocket if they leave the network. Some PPOs use gatekeepers and some allow enrollees stays within the network. PPOs offer the most freedom of any managed-care organization, but they also have higher premiums and less coordination of care.

Fee-for-service or indemnity plan: An indemnity plan is the traditional insurance pan, in which an insurance company agrees to pay for all or a share of the cost of services, and the plan pays the provider or reimburses you when you file a claim for what you’ve paid a provider. Indemnity plans are generally limited in scope, covering doctor’s visits and hospital stays which is an amount that you must pay our of your own pocket before the insurance company pays anything. Moreover, indemnity plans often require pre-authorization for certain surgeries. Indemnity plans will pay doctor fees based on a schedule—so in some cases they may not pat as much as the doctor charges, and you have to make up the difference. Another aspect of indemnity plans is coinsurance, which is a portion of each service charge for each visit. Coinsurance is also paid out of pocket.

Gatekeeper: Your primary-care provider, who decides which tests you will have, which specialists you should see, and whether or not you should be admitted to a hospital. Gatekeepers are used to coordinate a patient’s care, avoid providing unnecessary care, and ensure that appropriate care is provided at a low level cost. Managed care organizations rely on primary care providers to save money. Primary care physicians are typically family practitioners, internists, or pediatricians.

Specialist: A physician who offers services beyond what your primary-care physician can provide and is accessible through referrals made by your gatekeeper.

Quality Assurance: The tern applied to the monitoring of overall plan performance and individual provider performance through government oversight, patient satisfaction surveys, data from grievance procedures and independent reviews.

Utilization review: The procedure through which managed care plans determine whether medical care is appropriate and necessary, through mechanisms such as: pre-admission certification; concurrent review (to make sure stays are no longer than they should be, and tests and procedures are absolutely necessary); care management (MCOs monitor long-term illnesses and conditions to ensure cost-effective treatment); second surgical opinions (to ensure the medical necessity of surgical procedures).

Finding an MCO to suit your needs
What does your plan cover?
A complete listing of coverage should be given to you in your member handbook upon enrolling with an MCO detailing exactly what types of treatment and care are covered, what benefits are included, what the requirements are to obtain treatment, all procedures which may lead to a denial of coverage, and limitations on an enrollee’s ability to choose a primary or specialty providers among other things. In addition, you MCO must also include an explanation of their process for determining whether or not treatments are medically necessary. This process is called utilization review, and should be described in the member handbook as well. A toll-free number will be included to facilitate the utilization review process, available twenty-four hours a day and seven days a week. This number must be staffed for at least forty hours each week and must have a message system for off hours. Upon request, the criteria for medical decisions for those with chronic illnesses must be released to you.

Often times plans that place more limits on seeing providers are more predictable and usually have lower fees. When deciding whether to use a managed care organization or a fee for service program, you also need to take into account a few additional factors. First, you should be aware of how many physicians you have to choose from and how each provider makes this information available to you. Also, you need to know how you will receive specialty care with each program. Finally, you should compare the payment plans, focusing on when and how you pay as well as how much.

You have the right to know how decisions are made by your MCO regarding their policies on care, including the MCOs procedure for deciding whether or not to use experimental or investigational drugs, devices, or treatments. Upon your request, the MCO must also tell you which experimental drugs, devices, and procedures it uses. You are also entitled to hear about all conditions and possible courses of treatment in that may be available to benefit you, including optional therapies, consultations, and tests. The so-called "gag-rule," which prohibited providers from discussing every possible option in order in order to cut MCO costs, was made illegal in 1996.

How much will the plan cost you?
The MCO must inform you of al of you financial responsibilities included under your health plan. You have the right to a detailed explanation of the premium and co-payments that you are obligated to pay, both within and outside of the MCO network. This information is most likely to be found in your member handbook. Also find out the maximum out-of-pocket that you could pay in one year.

What are the implications of going outside the plan for you medical needs?
The principle behind the MCO is to keep patients within an established provider network, with standard rates, to keep costs down. Therefore, if you remain within the provider network, your overall cost per visit will be low, limited to only the co-payment. With most MCOs once you go out of the network, you’re on your own as far as payment goes. MCOs do not have to pay for medical services performed by individuals who have not been authorized doctors. If you need a specialist, your MCO primary caregiver will recommend one.

What happens if you have an emergency?
If you have an emergency your MCO (or for those not enrolled in managed care plan, your insurance company) must pay for it as stated in New York State law, regardless of whether or not you notified them before seeking treatment. Defining an emergence can sometimes be tricky, so New York State uses the "prudent layperson" explanation. An emergency is what an average person of average intelligence defines as potentially harmful, either to the patient or to others, if not treat3ed immediately,. This can be applied to the physical and mental illnesses and conditions. You are free to seek medical assistance for an emergency without the fear of having to cover the cost. MCOs and insurance companies are required to convert the cost of emergency treatment, regardless of the provider.

How do MCOs chose their doctors?
Finding our the means by which your doctors are selected is an important stop in enrolling with an MCO. Have doctors been chosen because their status, certification, and services all check out, or do they simply have admitting privileges at a nearby hospital? According to New York State law, your MCO must notify you of its minimum requirements and of the written application procedure used in the consideration and selection of its providers, your doctors. This process might be detailed in your member handbook, but if it isn’t, the MCO is required to disclose it to you upon your own pocket.

How are the doctors paid?
Provider reimbursement is an important consideration because there has been past criticism for paying doctors "per patient" rather than "per service". Organizations in which doctors are paid a flat rate for each patient (the "per patient" method, also known as "capitation") tend to rank lower in customer satisfaction than organizations that reimburse doctors for different services performed for patients (the "per service" method). Your MCO, under state law, must disclose its method of provider reimbursement to you upon your enrollment.

Which hospitals are part of the plan?
An important way to gauge MCO quality is to look at which hospitals the plan uses. The hospitals are listed in the plan’s directory. It is a good indication when plans use more than one hospital, including affiliations with major medical teaching institutions. Ask if the plan is affiliated with a "center of excellence" (institutions that treat unusual cases like cancer therapy, open-heart surgery, liver transplants, and difficult diagnoses)—if you have a serious illness this affiliation is critical.

How easy is it to get access to specialty care if you have a serious illness or condition?
Patients with serious illnesses or conditions are provided for in many ways under New York State law. The state defines a situation which warrants extra consideration as "a life-threatening or disabling and degenerative disease or condition. "if you can, it’s important to check with the plan to see whether they consider your condition as meeting this definition. Upon enrolling in an MCO with such a disease or condition, you are allowed to keep your precious doctor for a ninety-day period after enrolling with an MCO. This policy also applies to women who have entered their second trimester of pregnancy by the time of enrollment and includes care through and immediately after the birth. These transition periods are intended to ease you into a new plan without interrupting your care in a way that could be harmful, and are contingent upon your doctor’s willingness to accept the standard MCO reimbursement rate.

Managed care organizations typically mandate that patients have a "gatekeeper," to a primary-care physician who takes the role of you personal health care coordinator. Gatekeepers make referrals to specialists if they themselves cannot provide the treatment that you require. If you have a serious condition that entails seeing a specialist on a regular bases and your plan agrees, your specialist can act as your gatekeeper and primary care provider. Specialists acting as gatekeepers are often cardiologists, oncologists, or obstetrician/gynecologists. If your care necessitates both a primary-care physician and repeated visits to a specialist, your MCO must make a standing referral available to you, to eliminate the need for a new referral every time you visit your specialist. Standing referrals are only available for those with a serious condition or a second-trimester pregnancy.

What about Medicaid, Medicare, or ERISA managed care coverage?
MEDICAID: Many managed care organizations are under contract to serve New York Medicaid beneficiaries. Medicaid MCO enrollees are entitled to do a listing of vital information pertaining to the MCO. This information is found in the member handbook and written in language that is easy to understand. The member handbook includes and explanation of the managed care/Medicaid plan, what it means to be a member, and explains how to get routine medical care. A list of providers and plan locations is required. Medicaid MCOs use primary care physicians as gatekeepers and must explain this use and how to choose a gatekeeper in the handbook. A description of specialist care and the referral system has to be included along with how to access emergency care and a definition of the word "emergency." Utilization review is much the same as with other-than-Medicaid MCOs. An enrollee’s rights and responsibility the enrollee might have. Information is available upon request. Medicaid beneficiaries have other protections as well and they should check with the plans and the Health Department to understand their rights. Questions, complaints, or comments should be directed to the New York state Department of health.

MEDICARE: One way to lower your out-of-pocket costs if you are on Medicare is to enroll with an MCO that contracts with Medicare. There are two types of contracts that MCOs hold with Medicare, and knowing which one your MCO has is important. In a risk contract, the MCO receives a fee from Medicare in exchange for covering medical care for Medicare recipients. The MCO preventative care benefits are generally more comprehensive than Medicare and Medigap policy benefits, and may include preventative services, vision and dental care, and prescription drugs. Since hospitalization and nursing home benefits may differ, read the fine print.

Once a Medicare recipient enrollees in an MCO with a risk contract, the member is required to remain in the provider network. Only emergencies and urgently needed care are excepted from this policy of "locking in" enrollees. Medicare beneficiaries may disenroll from a risk contract at any time without giving a reason.

Cost contracts offer greater flexibility for Medicare recipients. All care services within the MCO network are covered and services received outside the provider network are covered by Medicare. This out-of-network reimbursement is subject to the regular Medicare coverage and co-payment policies. Both risk and cost contracts require that you continue to pay the usual Part B Medicare premium. The Medicare MCO may require an additional premium, but Medicare coverage deductibles and coinsurance do not apply when contracting with an MCO.

To get the name of managed care organizations that contract with Medicare, call your local Social Security office, your local Area Agency on Aging, or the regional office of the Department of Health and Human Services. Their telephone numbers should be in the government section of the phone directory. The New York State Office for the Aging is located at:

State Office for the Aging
Two Empire State Plaza
Albany, NY12223-0001
1-800-342-9871

To request The Medicare Managed Care Directory, write to:
Office of Managed Care
Health Care Financing Administration
26 Federal Plaza
Rm 3811
New York, NY 10278
(212) 264-3657
or call the Medicare Hotline at 1-800-MEDICARE (63342273)

ERISA: The Employee Retirement Income Security Act (ERISA) is a federal law which regulates employee benefit plans—and includes coverage of health benefits as well. This law prohibits states from regulating health benefits for employees of companies which pay directly for employee health costs. If you are covered by an "ERISA-plan" and want to find out about your rights, contact:
U.S. Department of Labor
Pension and Welfare Benefits Administration
200 Constitution Ave. N.W.
Washington, D.C. 20210
1-800-998-7542

or the
Pension Benefit Guarantee Corporation
1200 K. Street N.W.
Washington, D.C. 20005-4026
1-800-400-7242
www.pbgc.gov

The Pension Benefit Guarantee Corporation pays for insufficiently funded pension plans when companies providing pensions can no longer afford to support the plans.

If something goes wrong
Internal Grievances
When it comes to your health care, you have the right to challenge anyone else's opinions. This means that you can file grievances and appeals, and can challenge treatment decisions made by your doctor, hospital, or MCO. Your MCO must provide the methods by which you can help influence and develop its policies. If you feel uncomfortable with treatment, or feel that your doctor or MCO is in error, you can contest their decisions.

Your MCO is obligated to alert you of any and all procedures for filing grievances with them. They cannot discriminate against you for filing a grievance or an appeal against them. Your MCO must give you written notice detailing the process of filing, the time frame within which a grievance must be filed, and you right to designate a representative to file for you. This should be included in your member handbook. Your doctor is free to share his or her feelings about the MCO without fear of disciplinary action and can even support your case in filing for grievances or appeals if he or she chooses to do so.

  • The grievances process, like all aspects of you MCO, is required to accommodate non-English speakers.
  • Every provider must have a process for providing members with written description of procedures to file an appeal when a plan denies request for service.
  • There should be a toll-free number, accessible no fewer than forty hours a week, through which to file a grievance.
  • Anyone who files a grievance must receive written acknowledgment within fifteen days of receipt of the claim.
  • The claim must be settled within forty-eight hours if your health is endangered by delay, if not, then within thirty days of receipt for requests of determination concerning coverage provisions, and forty-five days for all other grievances.
  • You have the right to have your grievance assessed by qualified personnel in the form of peer reviewers who have knowledge of the area in which the grievance was filed.
  • Appeals can be made on MCO decisions on grievances.

Complaints
Unfortunately, New York State law does not allow consumers the right to appeal disputes with their MCO over medical decisions. The recourse of consumers is to go directly to court or get their employer to advocate for their cause. The State Health Department does have a complaint hotline that you can call to get some advice—although specifically for disputes with HMOs. The State Health Department cannot overrule HMOs, but can help to settle consumers' disputes. You can contact the Department's hotline by calling 800-206-8125. The hotline is also available for consumers with complaints about hospitals and nursing homes, so be sure to be clear that you have a concern with an HMO. You can, however, get some information about managed care plans. You can also get some information about all MCOs by contacting the State Insurance Department. The State Insurance Department annually publishes a consumer guide to HMOs which contains valuable information for consumers. This Consumer Guide discloses the number of complaints against a particular plan as well as data on the number of adverse decisions from utilization review appeals and internal grievances. You can receive this information by contacting:

Insurance Superintendent
25 Beaver Street
New York, NY 10004
212-480-6400

There are other, non-governmental sources of information about managed care plans. The Consumers' Checkbook discloses how federal employees feel about the plans offered to them and offers helpful hints on choosing managed care plans. You can get it by contacting:

Consumers' Checkbook
733 15th Street NW, Suite 820
Washington, D.C. 20005
www.checkbook.org

INTERNET MEDICINE

"More and more information is available to consumers through the Internet. The Internet can be extremely useful in allowing consumers access to important information that can help them improve their health.

However, as with any source of information, it pays to be careful. When it comes to your health, it pays to be extremely careful when using the Internet. Be considerate of the concerns raised by medical professionals. Some health care professionals are concerned that consumers will use the Internet as a substitute for real medical care.

Here are some tips suggested by Bruce Maxwell, author of How to Find Health Information on the Internet, and Dr. Franklin Tessler, Albany Medical College, for evaluating online health information:

  • Who runs the site, is the group well known? Who wrote the information, is the person credible?
  • Evaluate the source of the information. Was it reviewed and approved by standard-setting organizations?
  • Be wary of Web sites that make claims that sound too good to be true or that are trying to sell a new or improved remedy.
  • Start your online health search from specialized health directories and search engines, such as Yahoo! or Healthfinder. The advantage is access to Web sites that have already been screened to some extent.
  • Corroborate, corroborate, corroborate. Cross-reference the source and content of the information you find.
  • Get another opinion. Talk to your physician about the information in question. The best way to use the internet is in cooperation with your doctor.
  • Be careful about your privacy.