New Long-Term Care Insurance Claims Protections
By:  Oregon Insurance Division July 10, 2012 --

Oregonians who have long-term care insurance now have the right to have their claims paid promptly and to appeal an insurance company decision to deny benefits.

The changes are due to a 2011 law that became effective for people who buy new policies starting July 1, 2012. For those with existing policies, the law is effective when their policy renews, meaning it will be phased in over a year’s period.

“Consumers with long-term care insurance policies have not had the same protections as consumers with other health insurance claims, yet they are some of the most vulnerable Oregonians,” Oregon Insurance Commissioner Lou Savage said.

“Now, people with long-term care insurance or their representatives can more easily challenge claim denials or delays, which are the most typical complaints we receive,” Savage added.

Long-term care insurance covers people who are chronically ill in a variety of settings – at home, in assisted living, or in a nursing home, for example. Typically, people become eligible for benefits if they can no longer perform certain daily activities such as eating, dressing, or bathing or if they have a mental impairment such as dementia.

Highlights of the law

  • Insurers must pay claims that are submitted with all the required information within 30 days of receiving the claim. If they fail to pay on time, they must pay the claim plus interest.

  • Consumers may appeal insurers’ decisions that they are ineligible for benefits. If an internal review by the company upholds the denial, consumers may request an external review. In this case, an independent review organization determines if the insurer made the correct decision. The insurer pays the costs of the independent review.

  • Insurers who deny a claim for benefits must notify consumers of their appeal rights and the deadlines.

Consumers with questions about long-term care insurance or their appeal rights may contact an insurance consumer advocate at 888-877-4894. Additionally, the Insurance Division of the Oregon Department of Consumer and Business Services has general information about long-term care insurance and rates on its website at http://insurance.oregon.gov/consumer/long-term-care/long-term-care-info.html.

Rules establishing long-term care insurance appeals procedures and the requirement that insurers pay claims promptly can be found here: http://insurance.oregon.gov/rules/attachments/recently%20proposed/id03-2012_rule.pdf.

 
 
     The argument in favor of treating health insurance as a public good or public utility (like fire protection or electric service) is extraordinarily strong.  That's why this, reported by Economic Fairness Oregon, is such a good idea:
Seeing double

     If you told your boss you wanted to make twice as much money, would you need to justify why you deserved it? What if prices at your local grocery store doubled? You’d probably want an explanation, unless you’re the CEO of a major insurance corporation. The average monthly health insurance premium in Oregon has skyrocketed from $184 for a single person in 1998 to $365 for a single person in 2008. Has coverage gotten better? Are companies handing out gold-plated health cards?

      We don’t have the answers, because insurers don’t have to give them. A package of insurance rate review bills making its way through the Oregon legislature aims to change that. Senator Chip Shields introduced Senate Bills 717, 718 and 719 to bring some long-lacking accountability to the insurance industry. Here are some of the important changes that this package of bills would provide:
  • Create a public hearings process on requests by insurance companies to increase premiums on individual and small group policyholders.
  • Allow small businesses to intervene in the rate review process.
  • Bring insurance companies under the Unlawful Trade Practices Act.
     If you’d like even more proof that the free rein afforded insurers is hurting Oregonians, read this Oregonian article about Representative Brian Clem’s mother-in-law losing insurance because of her provider’s repeated mistakes. While the CEOs of Providence and Regence each made more than half a million dollars last year, Oregon’s small business owners and consumers struggled to afford the cost of protecting themselves and their families with basic medical coverage. Hearings on these bills will be taking place soon in Salem. Please urge your local senators to support this crucial legislation today.

Economic Fairness Oregon is a non-profit, non-partisan organization dedicated to consumer protection and fair lending laws. Our goal is to restore a financial system built to work for the people, not against them.
 

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