It’s not everyday that the Centers for Medicare and Medicaid Services (CMS) cracks down hard on one of its clients; that is, one of the private insurance companies Congress allowed and encouraged to provide benefits to Medicare recipients. Bloomberg News published a story Monday that told a sorry tale of the country’s second largest insurance carrier (revenue-wise) and how it treated seniors who depend on coverage from the company to pay for their drugs. CMS gave Bloomberg a copy of the letter it sent to WellPoint which said the carrier has “demonstrated a longstanding and persistent failure to comply with CMS’ requirements for proper administration of its Medicare Advantage Prescription Drug Plans (MA-PD) and Prescription Drug Plans (PDP).”
The letter went on to say that the noncompliance has resulted in thousands of Medicare beneficiaries being denied access to “critical medications” that included cardiac drugs, anti-seizure drugs, anti-clogging drugs as well as medicine for asthma and chronic obstructive pulmonary disease. “WellPoint failed to follow through on its assurances to CMS that the problem was immediately and fully corrected,” the letter explained. CMS spokesman Peter Ashkenaz told me that the Medicare regulator had gotten a spike in complaints from WellPoint customers last week when new drug plans took effect. In December, he said, the agency received “under 100 complaints” and in the first week in January “we had more than 500. People were not getting their drugs.”
So the agency slapped a penalty on the carrier: effective immediately, it cannot market Medicare Part D plans, which provide pharmaceutical benefits to seniors, nor can it enroll new plan members. Even though the general Part D open enrollment season just ended, carriers can still sign up seniors with low incomes and people turning 65 who need to find a drug plan. Seniors enrolled in the controversial Medicare Advantage plans whose sellers are being overpaid by the federal government, can still switch plans until the end of March. So it’s fair to say the sanctions are likely to pinch WellPoint’s profits. WellPoint said in a statement that it had made significant progress in addressing problems cited by CMS and that since it had been working with the agency, it was “surprised by this recent action.”
Not many reporters cover insurance these days. But this is a good story, as Bloomberg knows, and a good company to keep an eye on. There are several ways to go. There are the usual business stories that quote stock analysts lamenting a fall in the company’s share price. The Bloomberg story went there. Carl McDonald, an analyst at Oppenheimer & Co., told Bloomberg that the CMS sanctions are “definitely not a good thing.” Then there’s the consumer story which tells people what to do. Bloomberg pointed out that people can stay with the carrier, or if they choose to drop out, they can call 1-800-Medicare and ask about a special enrollment period to select a new plan by the end of the month. Much less transparent to journalists is the health reform story and where WellPoint fits in. The insurer is a lobbying force. It helped to defeat Gov. Arnold Schwarzeneggar’s health reform drive in California in 2007 with a series of TV ads raising doubts about the plan, and it was prepared to spend millions to keep reform from happening. WellPoint has staked out a lucrative market selling bare bones policies, the kind that many politicians see as the solution for covering everyone. It could benefit handsomely from many of the reform proposals now on the table if they require people to buy health coverage from private insurers.
In case you think WellPoint is alone in designing questionable insurance practices, take note. Yesterday the nation’s biggest carrier UnitedHealth Group agreed to pay a $50 million settlement after New York attorney general Andrew Cuomo accused the insurers of overcharging millions of customers when a research firm owned by United manipulated the numbers so that the carrier underpaid policyholders when they filed claims. Said Cuomo: “This is a huge scam that affected hundreds of millions of Americans who were ripped off by their health insurance companies.”
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As a Broker with 30+ years of experience in the industry it is NO SURPRISE that the AARP's United Health Care has been sanctioned by New York state. I enrolled my mother with their Secure Horizons Plan and they continually lied that her claims had been paid. She even had her account turned over to a Debt Collector. Finally after threatening legal action and exposure to the Press her bills were paid.
#1 Posted by ART DeANGELIS, CJR on Thu 15 Jan 2009 at 04:03 AM
This comes as no surprise to me, after experiencing what they did to me in December of 2007, after they bought the insurance company I did business with.
What does come as a surprise to me is that no one is investigating this company. There has to be some type of regulations put on Health Care Providers, that stops monopolies like WellPoint from deciding who gets healthcare and who does not, and rigging their business plan for profit only, at the COST of consumer's health, and healthcare.
Following is a post I did on ripoffreport.com, on August 1, 2008. My comment is in reference to consumers who are complaining that the mail-order pharmacy, NextRX (WellPoint) is ripping them off.
Google Wellpoint...
They are not simply a mail-order pharmacy, but a huge corporation going across the country and gobbling up Health Insurance companies. That is how I got introduced to them. They obviously STUDY their client lists through the insurance companies they buy. That is how they knew how to deliberately con me.
They did the exact same thing to me, but in a more deceptive manner. They absolutely refused to cancel the order. (First order with them was $140.00...great price for 3 months, second order was $467.00!!! Aghhhhhh!!! I could not afford that, and did not need 3 months at a time. Absolutely no savings!
I was talked terrible to, even threatened!!! I was told by a supervisor, that I WOULD accept the shipment and TAKE MY MEDICINE....OR refuse my medicine and I would not only be without my medication for 3 months, BUT, also without my money, as they had charged my credit card. I hung up, almost in tears as to what to do, then thought to call my credit card company.
My credit card company put me in touch with their legal claims department and took notes as to what exactly happened, kind of like a deposition, and told me to go ahead and refuse/return by signature upon receipt, the medication when it arrived. The credit card company handled all the investigation. Wellpoint REFUSED to credit the money back to my account, but after a 2 month investigative procedure by credit card company, they TOOK the money from Wellpoint's accout and credited it back to my account.
Well, this really made Wellpoint mad, they told me I HAD TO ACCEPT THEIR DRUGS AND THEY SENT THEM BACK TO ME!!! They told me I had to accept them as I might have poisoned them! (This actually scared me, as I figured they were so mad at me, that perhaps they tampered with them??? Who is to say?)
Credit card company told me at this point I could go ahead and keep the drugs, however, since I had my money back, I returned them, again!
By the way, Wellpoint kept their word, and when I went to buy 1 month supply at my local drugstore, I could not because Wellpoint left it on records that I already had a 90 day supply, so for 90 days, I went without heart, kidney and allergy medications.
Wellpoint was not done yet, they continued to harass me every month since last December, 2007, when this transaction occurred, sending me NOTICES that the $467.00 was due AND to be paid immediately.
Figuring they would take me to collection agency and ruin my credit, I did some basic research on Pharmacy Law regarding Indiana, where I live. Specifically, mail-order pharmacy law. A Mail Order Pharmacy MUST obey the STATE that they transport drugs into or across the borders of. Wellpoint says they do not. Wellpoint says they only have to obey Texas State Law. I was told this by several supervisors I talked to. Each time, I held my ground, and told them they must obey Indiana State Law when they cross the border. Bottom line is Indiana State Law says all mail order drugs CAN be returned except for controlled substances and diabetic supplies. A Pharmacist only needs to give the okay. Needless to say, Wellpoint would not let me speak with a Pharmacist.
At this point I am ready to take case to a lawyer,
#2 Posted by Maya, CJR on Fri 16 Jan 2009 at 06:42 PM
Senator Evan Bayh's wife Susan Bayh sits on the WellPoint Board. She received $317,000 in 2008 or '07'. Now Sen. Bayh tells us he isn't compromized becaused he and wife don't discuss the issue. Yeah, sure.
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If the only consequence to breaking a law is a fine, insurance companies will continue to violate the law as long as the profits from doing so exceed the amount of the fine. Simple. Paying a $50M fine to the State of NY sounds like a big deal. However, if we take into consideration the profits it made by bilking hundreds of millions of people, $50M is probably chump change.
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