Showing posts with label sb1274. Show all posts
Showing posts with label sb1274. Show all posts

Tuesday, June 28, 2011

Abercrombie betrays public trust by pandering to big business health insurers


My first career as a social anthropologist taught me a lesson that has stayed with me for almost forty years: what people do tells you a lot more than what people tell you they do. It is the difference between perception and reality, something that can be grotesquely distorted when enough money is spent.

Governor Abercrombie's action in signing SB 1274 yesterday is a good example of how this lesson applies to real life. Governor Abercrombie was elected, simply put, for his verbiage about helping Hawaii's children and most vulnerable citizens.

Questions began to arise in the disability community when the Governor's office released an ad for respite care that frivolized its purpose.

A swipe of the pen yesterday stripped 270,000 people of their right to an external appeal when their insurance carrier denies treatment ordered by a doctor. Last week's federally published regulation removed the entire purpose of SB 1274, which was to meet a July 1 deadine. The deadline was extended to the end of the year, with the feds saying they would let states know by the end of July if their current state programs needed any tweaking.

The action says more about the Governor than his words, because the only possible reason left for him to sign the bill was plain old pandering to big health insurance companies. They are tired of wasting corporate profits on lawyers defending the indefensible: cutting medical services just to cut costs. The fact it's the companies that keep losing these appeals is why Governor Abercrombie signed SB 1274.

It is the same sort of pandering to the same ten for-profit "pure-play and multiproduct plans" going on now in New Jersey, Florida, Texas, Georgia, New York, and thirty-five or so other states.

The Commonwealth Fund recently published an issue brief "Assessing the Financial Health of Medicaid Managed Care and Quality of Patient Care They Provide."

While the number of Medicaid members in publicly traded plans is still lower than the number in non–publicly traded plans, the total number in publicly traded plans has been increasing. From 2004 to 2009, the total Medicaid members enrolled in publicly traded plans rose from 5.6 million (32 percent of total Medicaid population) to 9.8 million members (41 percent of the total Medicaid members).

According to figures submitted to the SEC by the ten companies included in the Commonwealth study, that figure has grown fifty-one percent to 14.8 million as of March 31, 2011. All in all, about 40 million Americans with Medicaid, Medicare or Trinet (US military) are receiving their healthcare from publicly traded companies.

The rate at which Americans are being herded unknowingly into for-profit Medicaid managed care plans is growing faster than Medicaid membership itself. The DHHS 2010 Actuarial Report predicted a 5.6 increase in Medicaid membership between 2009 and 2010. Just in the six months between September 30, 2010 and March 30, 2011, Medicaid membership in for-profit companies grew ten percent. That ten percent growth in enrollment resulted in a thirty percent growth in Medicaid revenues to the same companies.

Couple that increase with the newly emerging White House position supporting the restriction of appeals rights for everyone on Medicaid, and the Republicans won't need to life a finger to destroy and privatize Medicaid. President Obama and compliant pro-big-business governors like Neil Abercrombie are doing the job for them.

The oddest part of all is that Nero is fiddling, Rome is burning, and the major media aren't noticing. Perhaps the very loud and boisterous Republican attack on Medicare has distracted them from the guerilla warfare launched against Medicaid.

Once more, it is an issue of perception versus reality.

Please sign our petition to stop this destruction of human rights.

Monday, June 27, 2011

Abercrombie signs SB 1274


My apologies. Governor Abercrombie did not sign SB 1274 until the last possible day in July. This post was based on a phone conversation.

Governor Abercrombie today signed SB 1274 into law.

I will have more information to report tomorrow.

This is disastrous for the 270,000 people in Hawaii on Medicaid.

Wednesday, June 22, 2011

A second letter from a mom to Governor Abercrombie about S.B. 1274


This is the letter that Hannah M.'s mom brought yesterday for the Governor:

I am here today on behalf of my daughter—and, indeed, my entire family—to respectfully request that you veto Senate Bill 1274. If you allow Senate Bill 1274 to take effect, it will be devastating to Hawaii families with disabled persons. I am begging you, please, don’t take away the only rights we have to help our disabled children and community. I ask you to look into your heart—not just at budgets-- for the implications of this proposed bill. Please take the wise and humane course of action.


If SB 1274 is not vetoed, it will have a profound impact on my entire family. By allowing SB 1274 to pass, you will be endangering my daughter’s life as well as the lives of many others like her in the state. Vetoing SB1274 will harm no one whatsoever. Allowing it to become law most certainly will. We--our daughter included--are being stripped of our current rights--this from an insurance division and a Legislature that are supposed to be responsible for overseeing the safety of the Hawaii citizens they are sworn to protect.

Please allow me to tell you about my daughter, Hannah. She is a five -year old girl who has a life-threatening seizure disorder known as Lennox Gastaut Syndrome. There are some days that she has had over 1,000 seizures per day. Despite these inhuman challenges, she struggles with all her might every day to learn to walk and to communicate, and she is unfailingly appreciative of the help she receives. Our daughter has numerous physicians who have provided her health care plan with prescriptions and letters of explanations for why she needs 24/7 skilled nursing care. Her health care plan was reviewed by a physician on the health plan’s staff and denied. The part of this that is so concerning is that the health care plan’s physician who provided the denial is not even a neurologist; nor has he ever seen our daughter as a patient; nor is this physician familiar with her care plan.

The health plans told us that, if our daughter needed 24/7 care, then the most “cost effective” place for her would be placement in an institutional setting. We feel strongly that such a move would be the most inhumane choice for a five -year old child; it would amount to banning her to an institution away from her family forever, and depriving her once and for all of the hope of a meaningful and fulfilling life. We worry that such a move would send a horrible message to her brother—a message that family does not matter and that children can be thrown out like used Dixie cups.

We exercised our right to appeal what we think is a medically and morally bad decision, and so far, our daughter has the care she needs to remain with her family, school, and community. Evercare seems so sure that you won’t veto SB1274 that they have decided again to cut my daughter’s life-saving nursing. They have conveniently chosen the date of July 1 to start the reduction, and that just happens to be the first day that we will lose our consumer rights. They know that we won’t have any recourse after June 30. Do you believe that Evercare is looking out for my daughter’s best interests by doing this or looking out for their pocket books? I need you, Mr. Governor, to help me to look out for my daughter’s—and other sons’ and daughters’--interests.


Does institutionalizing a little girl who tries so hard to get better sound like something that constituents would support? The impossible part about this scenario is there is no facility in Hawaii to accomplish this “institutionalization.” Where do they want to send my medically fragile daughter? Were they thinking about taking our daughter from us and placing her on another island or, worse yet, sending her to another state? If my daughter is placed in an institution, she won’t have her family or her right to a Free Appropriate Public Education. They will put her in a crib bed that is caged and not allow her to live her life. In essence, they would be putting her in a jail because of her disabilities. We treat our criminals better. What crime has my five year-old child committed that she deserves this fate?


Senate Bill 1274 will unjustifiably and irreversibly damage health care consumer protection in Hawaii. Our external review law, H.R.S. § 432E-6, has served health care consumers well for over a decade. It gives health care consumers a more level playing field against powerful insurance companies. Consumers have access to experienced advocates to assist them with preparing and presenting their cases in a manner consistent with Hawaii’s medical necessity law. Decisions are made by a local expert panel, and consumers are able to present expert testimony and other evidence in a fair, but efficient, hearing process.

While Hannah has severe disabilities, she is a lovely and loving child. She works hard every day to master new skills. She is learning against great odds, and her quality of life is very high. So is the joy that she gives to us, her caretakers, and our friends. Don't eliminate Hannah's rights and extinguish her joy. Please Veto SB1274.

Friday, June 3, 2011

Veto demonstration today for SB 1274

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Please show your support for the Governor's veto of SB 1274, by attending a rally today at 3:30 at the Capitol.

Parking is under the Capitol Building.  The entry is off of Punchbowl, mauka of South Beretania ½ block, across the street from The Queen’s Medical Center, past the DOE parking entry to a street you can see takes you down underneath South Beretania.  Parking takes quarters. There is a change machine at the building entrance.  Take the elevators to your right up to the 1st floor.

The update from Rafael del Castillo on June 1:
Meanwhile, we are getting some strong support from some dedicated folks working behind the scenes.  I hand carried a letter to the Governor’s office yesterday which uses the technical guidance issued by the CCIIO (Center for Consumer Information and Insurance Oversight which has responsibility for reviewing state laws) that gives assurances they will “work with” states before issuing any compliance lists prior to July 1 in the case of any state where they have concerns about the state external review law.  As you know, CCIIO has never made any move to “work with” Hawaii.  Quite the contrary.

I also drafted a suggested letter for the Governor to send to Asst. Secretary Phyllis Borzi, who is in charge of the Employment Benefits Security Administration at the Dept. of Labor, requesting a determination whether most of Hawaii’s now-excluded ERISA plans will no longer be excluded from our external review after the Affordable Care Act. The reason the Governor needs to ask that question is no one knows the answer for sure.  Even so, the legislators who voted for SB1274 ASSUMED (and everyone knows what the letters stand for) ERISA would continue to be excluded.  With all due respect to our legislators, I question whether their aggregate knowledge of ERISA adds up to 1% of what Phyllis Borzi knows, but none of them consulted her or anyone else at DOL (nor had our Insurance Commissioner before them).  I at least hope that our Governor will go to the trouble of doing so instead of accepting an assumption about a highly technical legal issue.

For more information, email countmein@we-are1.com

Tuesday, April 5, 2011

UnitedHealth, Wellcare and Hawaii Senate Bill 1274: a true Wall Street romance


Hawaii SB 1274 remains alive, along with its assault on the health care rights of almost everyone with employer-paid or Medicaid insurance. Raphael Del Castillo sent out this information at 4 am today:

I just came from the decision making by the House Comm on Finance, which passed SB1274 on with amendments. It was disappointing and frustrating. Health chair Ryan Yamane came to tell the committee that they were waiting for “language” to preserve the consumer protections in our existing law, but have not received any (my language recommendations don’t count – who knows, make up your own reasons). They are waiting on the Insurance Commissioner and the Abercrombie Administration. THERE ISN’T GOING TO BE ANY LANGUAGE FROM THE COMMISSIONER. IF HE DOES NOT SUBMIT ANY, THEY WILL PASS THE BILL AS IT STANDS, SO WHY WOULD HE SUBMIT ANY?

MORE ALARMING STILL IS THE FACT THAT NO LEGISLATOR HAS YET RESPONDED TO THE OBJECTIONS TO THE EXCLUSION OF MEDICAID MEMBERS FROM THE EXTERNAL REVIEW. THEY ARE NOT LISTENING TO ME. NEVERCARE IS A LOT RICHER.

MEDICAID MEMBERS, THIS MEANS THAT IF YOU DO NOT PROTEST, YOU WILL LOSE YOUR RIGHTS NO MATTER WHAT HAPPENS (UNLESS THE BILL IS KILLED).

Del Castillo is asking for an immediate email campaign to President Obama.

sit down and send an email to the President, president@whitehouse.gov (with cc: to all of the addresses below) asking him the following two things: Why is the Obama Administration conspiring with health insurers

1. To DENY Hawaii consumers their long-established protections?
2. To DEPRIVE the poorest and most vulnerable of Hawaii’s people of the protections they now have against the richest health insurance company in the world?

Put this in the subject box: “NO ON SB 1274”

The petition distributed through change.org has also been updated to include President Obama, as well as the governor and Hawaii State Senate.

About Me

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I'm the mom of a child with disabilities. Hannah's first neurologist said she might never develop beyond the level of a 2 month old infant, and there wasn't anything I could do about it. The brain damage was just too severe. Nine years later, she walks, uses a touchscreen computer and I've just been shown she can learn to construct sentences and do simple math with the right piece of technology. Along the way, I discovered I needed to teach myself what Hannah's rights to services really were. Learning about early intervention services led to reading about IDEA and then to EPSDT. I've been waiting for the Obama administration to realize the power and potential of EPSDT for the medical rights - including the right to stay at home with their families - of children with disabilities. The health reform people talk about long term care, and the disability people talk about education and employment, but nobody is talking about EPSDT. So I am.