Question:
Is there any recourse against an employer who lists WLS in their exclusions?

My insurance company, Humana, approves the surgery, with medical necessity---which i have (sleep apnea). However my employer has listed it on their exclusion list. Their exact verbage in the exclusions and limitations portion of the contract is,"any surgical procedure to reduce obesity" ANY feedback or advice on this matter would be very welcome.    — Tina P. (posted on July 3, 2002)


July 3, 2002
have you tried talking to an attorney about that? I heard that Walter Lindstrom is an attorney for WLS and is quite good. Good Luck!
   — Jena C.

July 3, 2002
Tina, my employer also has an exclusion in the policy. What really makes me mad is that it was just added last November when our policy renewed. The premiums had gone up so much that the policy was nit-picked and this happens to be one of the things taken out. Just last week, I went to our human resources manager and asked what needs to be done to remove this exclusion. I work for a small company (40 employees), but we are owned by a bigger company. She said she will call the Blue Cross rep and ask how much the premiums would change, and we would take it from there. I have worked for this company 18 years, and I am good friends with the H/R manager and the general manager, so I have both of them on my side. I believe this exclusion is discriminatory since the National Institute of Health considers morbid obesity a disease and a disability. If my parent company refuses my request, then I will seek help from Walter Lindstrom. Do you feel like asking your company to remove the exclusion is an option for you? It's probably a good place to start. Good luck and God Bless. Ginger
   — Ginger N.

July 3, 2002
Bad news, there is nothing you can do about exclusions.
   — DianeN

July 3, 2002
You can always appeal to your company, but companies can exclude any procedures they wish. If they wanted to they could refuse to cover broken arms and legs, or refuse to cover cardiac care. They decide what product to buy and provide to their employees. It may not be "morally" right from our perspective, but legally it's fine. But, it never hurts to ASK for what you want.
   — BethVBG

July 3, 2002
Check with your doctor about having it worded as MORBID obesity. It is a completely differnt medical diagonis then obesity.
   — Diane Rhoads

July 4, 2002
I hate that exclusion - mine said the same thing and I hired the best attorney in the state for fighting it - they still won. The verbage you listed sounds very close to how mine was listed and they have something called a Marissa law attached to it - at least that was the case for me. With this Marissa law, it takes it into a Federal appeal and by the time I would have paid for an attorney to fight at that level, I could have paid for the surgery - which, I did. Good luck to you though - no two cases are exactly the same, I believe.
   — Lisa J.

July 4, 2002
I am battling the same thing. I work for a county government and was told by my HR rep tht the HR mgr could just "sign off" on it and the exclusion could be removed. (This was the first time we talked about it.) I wrote a letter and attached copies of the senate bills here in GA that state obesity is a disease and that it should be treated, medically as well as surgically. Unfortunatly the bills don't say the insurance companies HAVE to cover treatment for obesity or morbid obesity, they just "suggest" they cover it....(HUH???) That makes no sense to me. In followup calls I find out my info was passed on to the county's insurance broker. Now they say they are "researching it" to find out if there is "a need" for it in our company...HELLO!! I am begging for it but I guess one person doesn't mean there is "a need". What happened to her just "signing off on it"?? What I continue to get is alot of opinions of different people. They all have a story about something they think they know about this surgery. I feel my life is in the hands of a woman who hasn't walked in my shoes and therefore doesn't care. I don't have much hope. The bottom line is if the company doesn't want to remove the exclusion they don't have to. Oh, and I did check with Walter Lindstrom..in the case of this type exclusion he advised me there is very little legally that can be done because it is legal for them to exclude what they want. Maybe your employer will be more caring than mine! Good luck....Pam
   — Pam B.

July 4, 2002
I live in Georgia also, my company also has the exclusion from their BC/BS University System of Georgia - indemnity policy. I worked for the Medical College of Georgia, until I had to leave on disability. The Georgia Senate 2001-2001 has presented another SB339 which would have changed the wording from "can" to "required" for this surgery. But it did not get passed. I don't think it was turned down, it just didn't get passed. So, I am trying to take my savings and pay for it myself. Waiting on surgeons approval.
   — Loretta D.

October 13, 2003
I too am insured through Humana. I have to say that they are incrediably kind on the phone. However, when I found out about my exclusion today the lady on the phone made no attempt to find some way around this. I am not through trying though. I did talk to my husband about talking to the HR dept at his company. That didn't go very far. I am still going to try to find someway to work this out. If you get anywhere with this please pass along any info that you find that could help. Thxs.
   — The-Irish-Lassie




Click Here to Return
×