Vol. 2, No. 1 January 2005

 

Overview of Health Care Issues

by
Valerie A. Powers Smith, Esq. and Herbert D. Hinkle, Esq.

continued from page 1

PRIVATE INSURANCE is either provided by your employer or obtained on your own. In either case, you may contribute entirely or in part for the cost of the premium. Private insurance plans are governed by NJ law and are enforced, depending on the issue, by the NJ Departments of Health & Senior Services Office of Managed Care (DOHSS/OMC) and Banking & Insurance (DOBI). Beneficiaries of private, managed care plans are afforded three levels of appeal - two internal appeals within the insurance plan and a third external review before an Independent Utilization Review Organization (IURO). The IURO decision is binding on all parties. DOBI reviews billing disputes and mental health parity issues.

PUBLIC ASSISTANCE coverage includes Medicaid (fee-for-service, Early Periodic Screening Diagnosis and Treatment Program, managed care, or Waiver Programs) and Medicare coverage. The various forms of Medicaid coverage and Medicare require more discussion than this article allows. In short, Medicaid is a federal-state entitlement program for low-income Americans. Medicare is a partner program to Social Security, which provides a health and financial safety net to those 65 years and older and to those declared disabled for 24 months. There are individual eligibility requirements for these public assistance programs and they all provide different (or additional) appeal rights than the other forms of insurance.

STATE HEALTH BENEFITS PLANS (SHBPs) are provided to individuals who are employees of the state. This coverage is similar to private employer-provided plans in that it is a benefit of employment. Unlike private insurance however, SHBPs are self-administered medical plans that are not subject to the jurisdiction or control of NJ's Departments of Health & Senior Services and Banking & Insurance, nor are they subject to the jurisdiction of the U.S. Department of Labor. Therefore, SHBPs have greater leniency in what they cover (or not) and for what duration because they are not subject to NJ’s insurance laws. Like private, managed care insurance, SHBP beneficiaries have two internal appeal levels; but the third external appeal level is before the State Health Benefits Commission (SHBC). The decision of the SHBC is final and appealable to the Office of Administrative Law (OAL).

SELF-FUNDED/-INSURED PLANS are insurance plans offered by a private employer in which the employer assumes the financial risk of insuring its employees. Under most employer-provided plans, the employer pays premiums to an insurance company, which assumes the risk of insuring the employer’s employees and administers the plan (and handles all of the claims). With self-funded plans, the employer hires an insurance company to administer the plan and handle all of the claims (since it is the insurance company and not the employer, typically, that is in the business of administering insurance). As with the SHBP, self-funded plans have greater latitude as to what the plans do and do not cover. Appeals under such a plan must be filed with the U.S. Department of Labor - not internally with the insurance company or externally with the NJ Department of Health & Senior Services Office of Managed Care. It is, therefore, important to examine the inside cover and the appeals rights section of your member handbook to determine whether you have this type of plan.

Understanding your insurance coverage will assist you to maximize your health care benefits and understand your responsibilities and rights under the plan.

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With offices in New Jersey and Pennsylvania, the Attorneys of Hinkle & Fingles, Attorneys at Law have many years of experience providing expert counsel and legal services to families of people with disabilities and seniors. The firm's attorneys have argued many of the precedent setting cases affecting people with disabilities in New Jersey and Pennsylvania.

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