Hi All,
I too have the UHC Choice plus plan in Georgia. We do have a law on the books but that does not guaranty coverage. I wrote a letter to the State House of Representatives and Senate Insurance Committee and Health and Human Services committee about the issue with the word "may" in Georgia's law. I copied the State Insurance Commissioner and have been dealing with them for a couple weeks now. Here is what I have learned.
1. There are 2 types of insurance plans and each type is governed by different laws and government agencies.
Self-Insured plans - are plans where the company pays all of the medical expenses and can override any decision. The insurance company on the card for these plans is just the paper pusher or administrator of the plan for the company that you work for who is paying the bill. Self insured plans are not governed by or covered by State or Local laws as they fall under a federal law written in 1974 (I believe) and they are governed by the Department of Labor.
*Most Large companies are self insured.
Fully Insured plans - are plans where the company pays a monthly premium to the insurance company to insure their employees. The Insurance company writes the policy and governs it. The company has no say in what will be approved on appeal. The company has to purchase a separate rider for WLS for the plan that we have as it is a fully insured plan. Fully insured plans are governed by the state insurance commissioner and state and local laws apply to them. Most small companies (200 or fewer employees are fully insured)
Here is the dozy, UHC is claiming with the insurance commissioner that our plan is self insured. My HR representative has told both me and the insurance commissioner that it is a Fully Insured plan. I am waiting to hear back from the insurance commissioners office on how to proceed, but I have written an appeal letter and have it on standby. If UHC continues to state that it is a self insured plan, I am going to ask my HR rep to write a letter stating that the company approves of me having the surgery and include that in my appeal.
We can win this fight! We just have to arm ourselves with all the knowledge we can!
I am still waiting to see what comes from all my state representatives about my request to amend the word may to SHALL!