A roadmap to sadism

Or ...  

How Not to Treat Seniors and People with Disabilities.

Bernie and two of his colleagues (Sens. Kaine and Alsobrooks) put together a list of the harms this madman and his sycophants have done in their first 100 days.

I’ll make this short, as the document speaks for itself. Down below is the Table of Contents, and you can click this link for details.

Let me just say: until Congress reinvents itself, lots of health delivery is going to get harder with these maniacs in charge of the nation’s procedures and medicines.  

Everyone who doesn’t have a retiree plan from someone should be checking their plan’s description for 2026. The ANOCs (Annual Notices of Change) are supposed to be sent out this month. That means if you don’t like what they’ve designed for next year, you can use the plan finders on Medicare.gov and this NYS website to find more suitable coverage and sign up for new ones between October 15 and December 7.   

Our OLR plans work differently.  Senior Care people shouldn’t be expecting any ANOC from Medicare itself, maybe becaise CMS considers it too stable a program to warrant the cost of an annual change notice. 

But for the supplemental coverage and other choices offered by our unions, you could check out the July versions of the OLR’s comprehensive plan manual and separate rate chart. We can change from one plan to another each November. 

A final thought, on COVID vaccines.  

Gov. Hochul signed an executive order allowing pharmacies to administer these to anyone who wants them for at least another month, but the details are less clear.  

As one pharmacist told a reporter for the Buffalo Spectrum News 1:  If the federal government isn’t giving clear guidance on the rollout, and particularly how these vaccines are going to be paid for, insurance companies are “not likely to follow suit and just cover these products.” Coverage may end up being plan-specific, so you need to make a phone call or two before assuming these will be free. 

Please do some homework this fall. Help yourselves, and help others who can’t help themselves so easily.

Just “Wow.”

We’re on a roll here with this RFK Jr. / Oz combo running healthcare.  Maybe “ruining” is a better word.

Continuing my rants against prior authorizations (see July 7 post below and a column I wrote for the Examiner), I came across a remarkable video by Dr. Elisabeth Potter trying to get information out of UnitedHealthcare on a procedure they had denied.   

Witnessing malfeasance this up close and personal is something else.

She can’t get proof the “doctor” she’s speaking to is even a doctor.

That’s because he refuses to give his name. 

Without a name, she can’t check him out.

He as much says he has no experience in the procedure she’s being denied.  His supposed field of expertise is not hers. 

Listen for yourself.

Dr. Potter has done other videos.  In this one from a month ago on the Oz’s press conference on prior auths, she says:

We’re at a boiling point in our society...

What RFK/Ox are promising “doesn’t land”:  it’s a voluntary promise, there are no new rules, no repercussions, and no deliverables.
We as patients are demanding more from the system.

I’m joining an Elisabeth Potter fan club.

Things very slippery at CMS

Additional videos on the hypocrisy posted at the end of this article....

I had just finished a guest column for the Westchester Examiner on how Dr. Oz is scamming us into believing he and RFK Jr. are doing great things for us by making Medicare so easy. 

Oz is a showman. Several weeks ago he put out a video encouraging people to get help from the experts at Medicare. But he doesn’t point us at traditional Medicare – there’s no profit in that. He directs us squarely to the industry’s privatized version, Medicare Advantage. 

He’s also a salesman. Later in the month he put out a video about how CMS and their corporate collaborators are now pledging to clean up Medicare Advantage’s scandalous abuse of prior authorizations to delay or deny care. Mind you, they’re just pledging for the moment. No new laws or punishments as yet.

As I wrote in the Examiner, I believe fixing prior authorizations in Medicare Advantage is part of a larger campaign, to turn a proposal in Project 2025 into a reality, that Medicare Advantage (Part C) rather than traditional Medicare (Parts A and B) will become the default for new enrollees. 

Having no trust in Oz or his boss RFK Jr. already, I was not totally surprised reading yesterday’s CMS press release that said they’re going after prior authorizations in Original Medicare as well.

But, the thing about prior authorizations in O.M. is that there isn’t much use of it there at all. If doctors want you to have something done, there’s no middleman private insurance company gatekeeper barring your access to that procedure. Medicare will pick up its share of the cost, and you or your supplemental policy will pick up the rest. No unexpected delays or denials.

Today’s post in HEALTH CARE un-covered explains how the limited use of prior authorizations works in O.M.:

Not many people realize that prior authorization is used in traditional Medicare (TM) at all, likely because it applies to a very small small number of services. Currently, TM requires prior authorization for 52 outpatient medical services, some durable medical equipment, and repetitive scheduled non-emergent ambulance transport. The prior authorizations are processed by the Medicare Administrative Contractors (MACs) and are required to be reviewed in a very short timeframe. Perhaps most importantly, the prior authorization decisions under the current process have been found to be more than 98% accurate. The limited scope, MAC review, and high accuracy ensure that current policies and procedures governing the use of prior authorization in traditional Medicare meet the intended goal of preventing wasteful spending without delaying or denying necessary care.

In the guise of going after “fraud, waste, and abuse,” Oz’s newsletter says the agency is now planning to test something in traditional Medicare called the WISeR (Wasteful and Inappropriate Service Reduction) Model. Here’s how it’s described:

Combining the speed of technology and the experienced clinicians, this new model helps bring Medicare into the 21st century by testing a streamlined prior authorization process, while protecting Medicare beneficiaries from being given unnecessary and often costly procedures . . .

The WISeR Model will test a new process on whether enhanced technologies, including artificial intelligence (AI), can expedite the prior authorization processes for selected items and services that have been identified as particularly vulnerable to fraud, waste, and abuse, or inappropriate use. . .

Under the model, providers and suppliers in the assigned regions will have the choice of submitting prior authorization requests for selected items and services or their claim will be subject to pre-payment medical review.

In the 6 years they’re planning to run this model, there’ll be plenty of time to open up new pathways to abuse in our health care system. We’ll soon be seeing poorly regulated and widespread use of prior authorization in traditional Medicare as well.

And just like with Medicare Advantage, it’s not only that private companies who’ll be running these requests through their AI systems, the final decisions will be made by “licensed clinicians, not machines.” They don’t say doctors, and they specifically don’t say your doctor, the guy who asked for the procedure in the first place.

I don’t trust these people at all. 

And I don’t trust the link for an “overview” that CMS gives in the press release. You have to sign into read it, I’m not inclined to sign into anything from the government that should be open to the public.   

I did go to another link at the bottom of the release, which has more of the same gobbledygook we’re used to reading:  “working with companies experienced in using enhanced technologies to expedite and improve the review process,” “ensure people . . . receive the most appropriate care,” “best health outcomes,” “ease administrative burdens,” “empowers patients to partner” with their providers.  The whole thing was probably written by A.I.

Check out the more informative post in HEALTH CARE uncovered mentioned above. You’ll hate what you read, but consider it medicine. 

If only they’d stick to selling snake oil and not perpetrate the worst of their greedy, slimy instincts on us.

NEWS FLASH !

Christopher Westfall is as horrified as I was over this issue of prior auths in Original Medicare. 

In his latest video (July 29), he says that if they want to get rid of fraud, waste, and abuse, why not go after the corruption in the Durable Medical Equipment industry - $10.6 billion in fraudulent claims reported in 2025.  He also talks about the private industry that will be trusted with the algorithmic approvals (yup, the same ones that produce the denials in Advantage plans). Highly recommended 20 min., but only if your blood pressure can stand the stress.

Here’s another one just this morning, from Ed Weir, a  former Soc. Sec. manager. Gives more details on the use of A.I. in this process.  

The lawsuits — googled for clarity

UPDATE on Bentkowski (#2 below):      On June 18th, the Court of Appeals reversed the order of the Appellate decision, remitting the case to the Supreme Court.  But read Jeff Kaufman’s take on the decision on EdNotes. He’s a retired teacher, and a lawyer.

The first meeting of the UFT’s newly constituted Retired Teachers Chapter took place this past week — the rundown of which you will not find on its website, but happily and colorfully described on Arthur’s Union Matters and Norm’s EdNotes. 

A key feature of that meeting had to be the update Marianne Pizzitola gave us on the healthcare battle that her retiree group has been waging on our behalf in the courts since 2021.  

When she turned the mic over to one of the lawyers (Jake Gardener) to give us the rundown, I was all set to take some serious notes. That didn’t get very far. 

Too much has happened in the past few years to be condensed into a 15-minute briefing, and much of what I came out with looked like “We won in the trial courts and at the appellate” and “It’s still in litigation.” Oh, and there might be a fourth lawsuit. So, I spent the whole of yesterday and today fleshing out the darn thing for myself and anyone else who cares.

What follows is not complete, as there were motion, hearings and thousands of paper submissions in between the delivered opinions. I’m leaving out the super-technical points of law, which you can follow yourself at the links.  But most of the “wins” were solid, we still have Senior Care at no premium cost. The $15 copays, though, will bite us in 2025.  

In each case below, I start with my notes from the meeting and follow up with what I found online.  Fingers crossed I got these right. 

#1.  “Campion.”   Something to the affect that in 2021 the City said it wouldn’t fund any plans except the new PPO. Marianne/her NYC Retirees challenged that, won at trial court, won at appellate [Supreme]. Next month he’ll be arguing the case in Albany at the highest level [Court of Appeals].

Google results 

The City announced it was changing retiree health insurance in July 2021, saying it wouldn’t fund any plans except the new PPO and that retirees would have to pay $192/month if they wanted to keep the Senior Care plan they were on come Jan 2022. Marianne’s group challenged that decree on Sept 26, 2021 with an Art. 78 Petition against the City. They claimed they couldn’t be forced into an Advantage for three reasons: the City’s Admin Code §12-126 requires the City to pay for any plan up to the HIP HMO statutory cap (at the time $859/month) and the projected cost of Senior Care was far below that ($191/month); their existing health insurance benefits were protected, and the new plan violated the NYS Moratorium Act (see the Nov 29, 2022 complaint below in #3, and a user-friendly explanation here on the Pollack Cohen website). 

The Supreme Court issued a temporary injunction on Oct 21, 2021, saying that the MLC could not intervene in this case (since former unions could not represent retirees), that an Advantage plan might be “rational” but its implementation was “irrational, and thus arbitrary and capricious” and would cause irreparable harm if retirees were made to opt in or out of it by Oct 31. Everything had to stay the same until it could rule on underlying arguments.  

More hearings and document submissions followed. The Court’s March 3, 2022 decision vacated that Oct 2021 ruling. It determined among other things that because the City had addressed some of the implementation issues of the new plan, it was no longer irrational. Some of the legal arguments made by the retirees were “unavailing,” amendments could be made to health insurance during collective bargaining, and that the NYS Constitution does not guarantee specific health insurance for retirees. But the $191/month fee to remain in Senior Care was prohibited, as it would run afoul of Admin Code §12-126. In other words, if given the option of Senior Care, retirees could not be charged “any costs” for it except for the part that rises above the HIP amount. Additionally, the deductible would only apply to 2022. The new Advantage plan couldn’t start until April 2022 and retirees could opt out of it if they wanted to. 

Apparently, within days of that March decision, the City withdrew the Alliance plan. But the copays remained.

[I’m not sure whether the City appealed AGAIN or whether what follows is further clarification by the Supreme Court of that March 3, 2022 decision.] The Court ruled on Nov 22, 2022 that the issue raised on this appeal by the City regarding the $192/month premium “is one of pure statutory interpretation,” that there were factual issues in the Code surrounding the phrase “on a category basis” that couldn’t be determined at this time.  In short, the Court affirmed the earlier decision in favor of the retirees, that no costs of Sr Care could be passed onto the Sr Care enrollees at this time.

#2.  “Bentkowski.”  Won at trial and at the appellate, and that the City made a motion at the highest court to appeal, but he doesn’t know yet...

Google results:      

As explained in the class action lawsuit filed by the lawyers for Bentkowski et al. on May 31, 2023 (complaint and brief), the City told Medicare-eligible retirees in March 2023 they could no longer get Senior Care and would be automatically enrolled in a new Aetna PPO come Sept 1. The retirees objected to the fact that should they opt out of the new plan, not only would they be required to pay their own Part B premiums and supplemental costs, but the City would be “unjustly enriching” itself.

The plaintiffs claimed they’d be harmed in various ways, including that not all providers would accept the proposed PPO, prior authorizations could be denied, continuity of care would become problematical in the switch, delayed or no payment of claims would mostly likely occur, non-Medicare retirees would be discriminated against, no full and accurate description of the new plan had been provided, and moving out of state might mean difficulty in finding a replacement Medigap. (A very nice list of negatives indeed!!)  In fact, as they say on p. 77 of the complaint, there’d be a whole set of “new healthcare ‘rules’” for retirees had not been adopted in compliance with CAPA (the NYC Admin Procedure Act), and worse still: the City “conspired with Aetna to unlawfully restrain competition” in the health insurance market.

BTW ... there’s a really good description of Medicare, Advantage plans, and supplements on pp. 23–31  (though I disagree with a bit of wording in §129). 

On Aug 11, 2023 the Supreme Court ruled that the City could not remove retirees from their current plans, require them to enroll in the proposed PPO, or seek their own coverage. 

On Sept 19, 2023, the Court vacated motion sequence 001 in that Aug 11 decision, reverting to the July 6, 2023, opinion. Referring to motion sequence 002, a preliminary injunction that had been issued on June 5, 2023 was now “ripe for a final determination.” Accepting the reasons put forth in the July 6 opinion, it ordered that the City would be permanently enjoined from removing retirees from their current plan, requiring them to enroll in the Aetna PPO, or making them seek their own coverage.

On May 21, 2024, the Supreme Court upheld those Sept. 19th rulings, giving a whole lot of explanation and background. It said that the City had disputed the retirees’ claims, but had not presented “any evidence controverting them” — in fact, it had submitted only “minimal evidence” and relied heavily on Summary Program Descriptions. The record was clear, the Court said, that for 50 years, the City had promised that it would cover as a secondary payer any benefits that Medicare didn’t cover as primary. It also said that the record shows that retirees had relied detrimentally on the promise, i.e., they relied on the City’s long-standing commitment to that comprehensive supplemental coverage, and losing it would cause them harm. The Court ruled that injury had been demonstrated in the affidavits, and opting out altogether would cause financial strain, since the City had no intention of reimbursing the Part B premiums. The retirees were therefore entitled to relief, but the Admin Code had not, in fact, been violated, since the City has never actually covered “the entire cost” of healthcare for Medicare retirees in the first place (i.e., Medicare picks up some of the costs), and no one is disputing that.  It permanently enjoined the City from eliminating the existing health insurance and enrolling retirees in the new Aetna PPO, it couldn’t enforce the June 30, 2023 deadline to opt out of the new plan, or implement any other aspect of the City’s new healthcare policy.

#3.  Copays (“Bianculli”).     Dec 2021 the City put in $15 copays for outpatient benefits in Sr Care, to begin Jan 1, 2022. Retirees filed suit claiming that that was unlawful. They’re litigating it but the trial court granted an injunction. Retirees won the appeal on that, so now there’s a hold on those copays. But Emblem changed the documents. Copays will start Jan 2025.

Google results:

A class action lawsuit was filed on Nov 29, 2022 by lawyers Cohen and Gardener on behalf of retirees against the City for breach of contract. The “class” of the action were the 183,000 retirees and Medicare-eligible dependents in Senior Care in 2021. The retirees had claimed that the City illegally charged them a $15 copay for every outpatient procedure or test, though the contract didn’t permit the imposition of copays on Medicare-eligible retirees. More than $55 million of the cost of copays had been illegally charged to date. The retirees also charged that the City has been unjustly enriched by those copays through a “bait-and-switch” operation: there weren’t any copays when retirees chose that plan in the fall of 2020, and because they were not allowed to make changes to that choice in the fall of 2021, they had to live with that plan in 2022 even though copays had been illegally attached at the beginning of that year. No restitution was made to the retirees who paid those copays. 

The retirees also claimed that Emblem/GHI misrepresented the copay situation and the whole Sr Care plan itself, knowingly conveying these “misrepresentations” directly and indirectly to the retirees.  The City had a duty, the retirees claimed, to describe Sr Care accurately. That didn’t happen. The City had “engaged in consumer-oriented conduct that has misled and harmed Retirees” and used “false advertising” about the nature and coverage of the plan. The City’s ongoing imposition of copays were “arbitrary and capricious and clear abuses of discretion.”

Some more granular statements are interesting.  One of the claims in that lawsuit says: “In short, payments to medical providers are paid by GHI either out of a City account controlled by GHI, or out of GHI’s coffers and then charged back to the City in the form of a premium. Regardless of whose account is used to pay the medical provider – the City’s or GHI’s – Defendants, not Retirees, are contractually obligated to pay.”  They say that if a $15 copay is imposed, it should be paid the the City, not the retirees.

Some fascinating details regarding the nature of the GHI retiree plan and the plan for in-service members are given on pp. 15-16 of this document, particularly that both plans are addressed in the same Certificate of Insurance (COI), that the COI specifically says that this certificate is not a “Medicare Supplement Plan,” that benefits for retirees and in-service are very different from each other, that there is no publicly available guide for Medicare enrollees into this plan, and that the benefits for retirees (now on Medicare) are specified in section 14 of the COI. Additionally, nowhere in the 2004 rider does it say that retirees must pay a copay. In sum, whereas copays have been allowed in the plans for in-service members, they have never been used for retirees (who have Medicare as the primary payer). 

Interestingly, the lawyers made the point (on p.22) that “had GHI/Emblem increased the Sr Care premium charged to the City – to properly account for the tens of millions of dollars in healthcare costs improperly imposed on retirees in the form of co-pays – the resulting premium would continue to be far below the HIP HMO statutory cap, which the City is required to pay.” 

Also of note: it says (on p.25) that the 2022 brochure explaining the health plan made no mention of copays, except for ER and an optional drug component outside of GHI. Apparently for a few weeks around Dec 2021, the online version of this document did mention copays. 

In an unpublished opinion, the Supreme Court enjoined the City from charging copays on Jan 11, 2023, since there’d be irreparable harm to retirees on fixed incomes with modest means, outweighing the “the steps that [the City] would have to take to undo the apparent imposition of the co-payments.”  The Court also said that copays would likely be found as violating the contract between NYC and Emblem. A preliminary injunction against copays was granted. 

A published opinion on May 25, 2023 kept that January preliminary injunction in place. It agreed that “plaintiffs established a likelihood of success on the merits,” and since the City hadn’t made any arguments against class certification, it was reasonable to conclude that the named retirees were representative of the class. Furthermore, the hardship to plaintiff retirees were more burdensome than any administrative hardships the City claimed they’d be subjected to.

An unpublished opinion issued by the Supreme Court on May 25, 2023 reviewed the requirements for class certification and listed additional factors in determining whether the action should proceed as a class action. It cited the City’s argument against class certification, namely that there are other methods to adjudicate these claims, which the retirees refuted. The Court found the City’s argument “unavailing.” Class certification is indeed appropriate, that “the commonality of factual and legal allegations is abundantly clear,” and “as a class action, judicial economy would occur.”  It ordered the plaintiffs’ motion for class certification was granted.

#4. Copays again.   Gardener said this is a fourth suit, but it’s not filed yet. 

Words, words, words . . .

I’m reacting today to Arthur’s post “Unity Has a New Health Care Narrative,” where there is some talk of the new $15 copay for each benefit in Senior Care and the out-of-pocket maxes.

I’ve been saying for years that muddled terminology gets you into muddled thinking, and I’m pretty sure that the lack of clarity in the ongoing health care negotiations isn’t going to produce the best results. 

It started a couple of years ago when hundreds of our colleagues were shouting all over the place that they didn’t want to “lose their Medicare.”  I was told they needed that kind of rhetoric to gin up rank-and-file support against the Aetna PPO we were being pushed into. Those protesters certainly got the job done, and I love that, but I think their health care concepts are not yet firmly in place. If they’re going to negotiate for us, I want them to spot on with that. 

Trying now AGAIN to clarify some things about Senior Care. 

It has always been a hybrid plan – the result of negotiations between the unions and NYC. It’s never been a straight “Medigap,” the kind you get in the open market.  Those true Medigaps are designed by the feds and managed by the states. The screenshot below shows how each of those 10 plans supplement Medicare (it’s from Medicare & You 2025, p.76).

Here’s the differences between our Senior Care and those Medigaps and why it’s a hybrid:

• First.  The most comprehensive of the 10 true Medigap designs – F, G, and their high-deductible versions – do not have copays. The popular N plan does have one, but only for two things: a doctor visit (up to $20, it can be waived altogether) and a $50 copay for the emergency room if you’re not formally admitted. The less popular B, C and D plans don’t have doctor or ER copays either. For all of these, there aren’t any copays at all for therapists, lab tests, and x-rays. The union negotiated a $15 Senior Care copay for every little thing, but for now they’re stopped by the Court. Supposedly they’re coming back January 1. 

Weird note:  I just signed into my plan at EmblemHealth. It says we have a $15 copy for specialist visit, $15 for each allergy visit, $50 for hospital emergency room, and various copays or percentages for other services. I’m not sure that screen is accurate. My card says specifically says no copays for doctor visits, so why is the website saying there’s one for a specialist? Who knows.

• Another difference.  Plans F and C pay Medicare’s Part B deductible ($2,096 this year). The other designs don’t pick that up, and neither does Senior Care. But the City reimburses us for it, and for any IRMAA surcharges, as long as we get a pension and take one of its health care plans. That’s a real blessing, but negotiations led to Senior Care’s own $50 annual deductible. True Medigaps don’t have this feature at all.

• Still another difference.  Senior Care handles inpatient hospitalization differently from true Medigaps. The F, G, and N all pay Medicare’s Part A deductible $1,632 per admission, and so do the less popular B, C and D plans. But, Senior Care does not pay that whole thing. We still have a $300 deductible per benefit period, to a max of $750 a year. That kind of limited deductible each benefit period in lieu of Original Medicare’s $1,632 deductible is exactly the kind of arrangement Medicare Advantage plans generally have.

As I’ve been saying, these things are what the unions and City negotiated for us. Senior Care is not a strict Medigap, but a hybrid mix, borrowing some characteristics from true supplements, and some from Advantage plans. 

In fact, look at our Anthem card and you’ll see at the bottom where it’s called a “PPO.” Then sign into your Medicare.gov account, and you’ll see that Medicare itself calls it a “PPO.” These are mine: card on left, Medicare.gov screenshot on the right:

“PPO” is the term most associated with Medicare Advantage plans, the two most common of which being the HMOs (Health Maintenance Organizations) and the PPOs (Preferred Provider Organizations). 

We have Original Medicare Parts A and B (through Social Security), yes, and supplemental insurance through Senior Care for the remaining costs, but not in the same way as open-market supplemental plans.  Our Senior Care supplemental coverage is through this hybrid kind of PPO plan. The other plans offered by the City are also kinds of “supplemental” coverage. 

Regarding the drug component. People without employer/union retiree coverage need to have drug coverage if they don’t want a penalty.  They either get a stand-alone Prescription Drug Plan (PDP) or an Advantage plan that includes drugs. Vets can get drugs through the VA.

We get the drug coverage through a “rider,” which is $120 a month if we have Senior Care and $178 a month if we have the HIP VIP HMO. They’re negotiated with the pharmacy benefit manager, Express Scripts. This is certainly drug coverage, but not a normal stand-alone Part D plan like the ones in the open market.  In fact, our coverage has an “open” formulary, which usually allows access to many more drugs than “closed” formulary coverage. How much the union has been involved with the creation of that formulary I have no idea. I just know those rider premiums are steep, I’m not crazy about them.

I’ve been accused of “using the insurance talking points,” but I would love it if people started using industry terminology. What I’m asking for is clarity – in our negotiations, in our responses to Mulgrew et al., and when we take to the streets to get the best retiree health care deal in this absolutely scandalous for-profit industry.

Prop 1 “YES” – kill the dangerous loopholes

The Prop 1 wording on the Nov. 5 ballot is not as clear as some people would have wanted, so we have to keep talking this up to make it sure it won’t fail. 

Here’s the message that needs spreading around:

 

All New Yorkers deserve the freedom to control our own lives, futures, and healthcare decisions, including our right to abortion. 

No New Yorker should be discriminated against, or taken advantage of, by those in power. 

Prop 1 is a NY state constitutional amendment that puts the power in the hands of New Yorkers, not politicians. 

This November, vote YES on Prop 1 to protect abortion rights and our freedoms.

From the NYCLU:

We might like to think we’re safe from these attacks here in New York, but the truth is there are dangerous loopholes in our state constitution that leave us vulnerable to the whims of politicians…

… laws aren’t enough, because they can be easily changed, as we’ve seen time and again in recent years as political winds shift.

When we enshrine a right in the state constitution, we protect it from political attacks.

That’s why we need Proposal 1, or what has been previously called the New York Equal Rights Amendment, which will protect our rights and reproductive freedoms — including the right to abortion. 

Proposal 1 will keep New Yorkers — not politicians — in charge of our personal decisions and will enshrine equal rights into our state constitution. 

More at New Yorkers for Equal Rights.

Make sure people know to look for Prop 1 on the ballot. Then vote “YES.”

 

So they just sacked CVS/Aetna prez Brian Kane

CEO Karen Lynch thought he really had to go when CVS’s income fell 9% in the 2nd quarter compared to last year at the same time. 

Mulgrew should be thrilled, then, that Marianne and the courts forced him out of the Aetna plan he built for retirees a couple of years ago. 

Whew. Dodged a bullet.


Hardly. 

Mulgrew couldn’t have cared less what would have happened to the retirees after a year or two when Aetna’s promises would no longer be viable. Prior authorizations won’t get in your way, he told us. Almost everything is free, you can see any doctor you want, go to all the hospitals you want.  What don’t people understand? The plan is the cat’s whiskers and all that.

According to Forbes, parent company CVS was having problems with its insurance businesses (Aetna) – particularly with Medicare Advantage, which had seen “higher costs from increased utilization of services from seniors.”

Wendell Potter puts it much more simply. The company was paying out too many claims in its Advantage plans. Brian Kane wasn’t doing his job.

Potter reports that CVS is planning to get rid of about 10% of Advantage enrollment, leaving these unfortunate rejectees to look around for the best personal health care solution in a swamp of underwhelming options. And looking to turn things around, CVS is apparently planning some operational changes described in this bit of corpo-speak:

It will initiate a “a multi-year expense management opportunity to deliver $2 billion in savings” that will include “streamlining and optimizing operations and processes.” Executives also plan to accelerate the use of artificial intelligence and automation across the company’s businesses.

We better start getting used to the health insurance strategies du jour,  which none of us learned about in high school. What’s become standard procedures in this for-profit industry is mind-bending obfuscation in how they work, coupled with our deep belief that a serious health catastrophe might leave us stranded physically and financially. 

In a guest column I wrote for the Examiner a couple of months ago called “Navigating the Medical Maze” (here) I tried to highlight how thick the industry has become with insider strategies meant to help Them, not Us. 

We no longer know what to expect from our coverage when even simple terms like “hospital,” “out-of-pocket medications,” or “skilled nursing” don’t actually guarantee the cost or extent of services, the medications or the equipment we’re being prescribed.

Here’s the handful of terms I included in that article:

Upcoding.  When providers are encouraged to assign inaccurate or additional codes for procedures in order to trigger a higher reimbursement from public agencies such as Medicare.

Overutilization.  Decisions on medical necessity are often subjective. Overutilization is when doctors are incentivized to prescribe or charge more for services and equipment because they know public or private insurance is picking up the tab.

Defensive medicine:  When doctors recommend tests or treatments not so much for their patient’s benefit but to protect themselves from potential lawsuits. 

Click-and-close: a term (used at Cigna) to describe how the company encourages staff physicians to review first-stage or questionable denials as quickly as possible, neglecting time-consuming research into guidelines, medical studies, and medical records. More money stays with the insurance company and often keeps patients from getting the vital but more complicated services they might need.

Direct-to-consumer advertising:  When patients are encouraged to ask their doctors for specific drugs, tests or equipment, a practice that frequently puts the doctor in the position of having to explain why these may not be in the patient’s best interest.

Pharmacy benefit managers:   These middlemen between insurance companies and the pharmacies run every aspect of the delivery of prescription drugs, from formularies, to prior authorizations and co-pays, to rebates. They profit at almost every stage in the supply chain.

Kickbacks: Rewards to medical professionals for prescribing specific procedures, equipment or drugs. Free vacations, cash, speaking positions, and research grants are some of the many kinds of gifts that can call into question the value of what you’re being prescribed.

That was a short list. We could easily add AI and automation to it, both of which just slipped off the tongue in the Forbes article.

I KNOW that Mulgrew is out of his depth with this stuff, just like the rest of us. 

How on earth do we get the union to put people in charge of these decisions not only to get us the best deal with this corrupt industry, but to stop pretending they know what they’re doing and stop lying to us to make us believe they’re on our side.

What’s going on with corrective legislation, fed and NYS

All stuck in committees.

I’ve updated the page tabs at the top of this website with recent bills and related info in five categories.

Under the tab Medicare for All

Just some background info on this topic.

Under the tab In Congress

Bills relating to Medicare for All.  They’re all sponsored and co-sponsored by Democrats, with the exception of our favorite spokesperson on this issue, the Independent senator from the great state of Vermont, Bernie Sanders. 

     NEW!  Added to the list of items and services in the most recent MfA bills (S.1655 and HR.1655) that are “medically necessary or appropriate to maintain health or diagnose, treat, or rehabilitate a health condition” are “gender affirming care, and reproductive care, including contraception and abortions.”

     The Senate version calls for a 4-year transition, the House version 2 years. The Senate bill got referred to a single committee (Finance), the House bill to seven of them.

     In addition to these bills, there are two letters from legislators – still only Dems + Bernie – asking for more protections against Medicare Advantage plan abuses.  

Under the tab Medicare Advantage

Lists some of the more important bills attempting to rein in the shenanigans of for-profit insurance companies.

Under the tab Pharmacy Benefit Mgrs

There’s much more bi-partisanship in these bills, but I’m not sure why.  

Under the tab New York Health Act

What’s going on with Single Payer in New York State.  

Mulgrew’s new resolutions: an exercise in futility

It’s hard to figure out what the heck Mulgrew’s saying when he talks about Medicare. I’m not even sure he knows himself.  

I’ve only been able to keep up with the UFT’s shenanigans with retiree healthcare by following Arthur Goldstein over at Union Matters, who’s indefatigable and we all benefit from reading his detailed posts. Kudos also, of course, to Marianne Pizzitola for the lawsuits she and the NYC Retirees pushed through the courts. We’re obviously safer and less financially stressed than we would have been without their fortitude and skills.

Yesterday we got a letter from Mulgrew telling us that said he had motivated a resolution on the AFT floor to seek federal legislation to protect Medicare and see it would never be diminished. “Our members pay into Medicare and Social Security throughout their careers, and we cannot let opponents chip away at these programs.”

It’s obvious that everyone who has a job pays into Medicare and SS. You don’t have to be a member of a union to want to keep these programs going once you’ve paid into them all your working life. Where could he going with this? And why now?

Maybe the Resolution he attached would clarify his position, so here it is in full: 

The First of the four Resolved clauses calls for “improving ... our healthcare safety net, including ... Medicare.”  That’s where I start to lose him. Is Mulgrew wanting to improve Medicare itself, meaning “Traditional Medicare” – Title XVIII of the Social Security Act created in 1965, the foundation of senior healthcare arrangements for all enrollees nationwide? Fighting for Traditional Medicare has never been on the UFT agenda as far as I know. It’s hardly within its purview.  

Perhaps, Mulgrew’s conflating two very different things: Traditional Medicare (=TM) on the one hand, and a TM + a supplemental arrangement of some kind – a combo, as it were – that the unions do have some control over. One of these arrangements that adds to TM is Senior Care, others offered by the OLR are Advantage plans. These plans are additional to TM. The union negotiates them with private companies to pick up what TM does not pay for, and without them, the sickest of us would certainly go bankrupt. The graphic left shows the differences.

The UFT has neither protected or improved our safety net over the past few years, which is why those courageous retirees filed lawsuits to block what was being foisted upon us. And they won: the courts ruled against the changes, saying these proposed arrangements would indeed cause irrevocable harm.

So right here in this First resolved, I’m not sure I know what part of healthcare delivery Mulgrew is trying to protect and improve. Might be Traditional Medicare, but he might want to be protecting the whole shebang:  TM + one of the supplemental arrangements in the blue and green parts of the chart.

The Second resolution is practically meaningless. No candidate at the federal or state level is currently trying to find a real solution to preserve “high-quality and affordable benefits.” The only way to do that would be to change the tax structure and cut the ravenous middlemen corporations out altogether – those giant entities that have taken over the healthcare industries from top to bottom, eating up Medicare dollars. That solution would be Single Payer, and I don’t hear anyone talking much about it these days. 

Like the rest of us, legislators seem to be stuck with the current healthcare delivery system, dependent as they are on lobbyist moneys that have been thrown at them to keep them from making too many waves. 

REMEMBER:  Traditional Medicare leaves a lot of costs on the table. Medicaid picks those up for people with lower incomes, and the rich can afford to pay them out of pocket.  It’s the middle-income people like us who feel the changes – in our pocketbooks when premiums, deductibles and copays change, and physically, when services and drugs are denied. The UFT has always favored the status quo, which is TM + private supplemental arrangements. It has fiercely opposed Single Payer, thwarting all attempts to eliminate those profit-driven middlemen companies. 

As for the Third resolution:  there are no “simple solutions” to healthcare. (I don’t even understand what Mulgrew means by “simple solutions to necessary changes” – and I don’t think he knows either.) If by “earned benefits” he’s referring in part to Traditional Medicare, that program has in no way been entirely successful or comprehensive. So much is left to Wall Street and monopolistic private entities. Nor do I think Congress would ever actually get rid of Traditional Medicare.  Not everyone has a sugar daddy like Clarence Thomas to pay their mother’s bills.

Now for the Fourth, where Mulgrew says they’ll seek federal legislation to ensure that Medicare and SS won’t be diminished. Exactly what form will that “seeking” take? The AFT won’t find big solutions with the lobbyists. And even if they could all agree to tweak something somewhere somehow, Mulgrew’s basically saying that TM is pretty good – even though you need supplemental insurance to pick up that hefty hospital deductible and a ton of copays for lengthy hospital stays, a Part B deductible, copays and 20% coinsurance for outpatient services or equipment. The Part B deductible is out of pocket, unless you’re lucky enough to be in a union that reimburses you for it. Because that’s how Traditional Medicare works on its own, no supplemental coverage to pay these parts of it.  Part D is not even contained in Traditional Medicare. It’s all managed by private companies, getting funds from the government.

I do want all that to change.  I don’t want the premiums, deductibles, copays in TM. Is TM what Mulgrew and the AFT want to protect?  

I’m thinking not.  I’m thinking Mulgrew just conflates Traditional Medicare (Parts A and B on their own, no supplements) with the way the union delivers Medicare to us, which is TM + the private, for-profit “supplemental” plans that keep us from going bankrupt (Sr Care and the Advantage plans).   

If I’m correct, it means he favors a system where pieces of our benefits are controlled by industrialists who want to make money off of healthcare. That system most definitely will never be in our interest, and he shouldn’t be spending our dues money trying to shore those plutocrats up.

Yummy!

I really enjoyed reading this message from Wendell Potter’s Health Care Un-covered where he says:

Our reporting and advocacy is having an impact, in Washington and across the country. Members of Congress on both sides of the aisle and the Biden Administration are beginning to scrutinize and crack down on the business practices of Medicare Advantage insurers. And there is growing evidence that employers, including county and municipal governments that planned to force their retirees into Medicare Advantage plans . . . are having second thoughts. Those employers are learning that they may have been sold a bill of goods – and misled and outright lied to – by insurers that make huge profits from their Medicare Advantage business.

Potter draws heavily on a recent ProPublica report pointing out that patients are being “cheated” by Advantage plans ignoring state laws regarding life-threatening conditions.

Across the country, health insurers are flouting state laws like the one in Michigan, created to guarantee access to critical medical care, ProPublica found. Fed up with insurers saying no too often, state legislators thought they’d solved the problem by passing hundreds of laws spelling out exactly what had to be covered. But companies have continued to dodge bills for pricey treatments, even as industry profits have risen. ProPublica identified dozens of cases in which plans refused to pay for high-stakes treatments or procedures — from emergency surgeries to mammograms — even though laws require insurers to cover them.

Apparently, “thinly staffed state agencies” don’t bother investigating a denial unless a patient files a complaint. State agencies are in a position to investigate patterns of improper denials, but generally do not, at least in Michigan. Only when someone complains, I’m assuming in the form of an appeal. 

And this from a ProPublica article this past month, “Health insurers have been breaking state laws for years”:

Over the last four decades, states have enacted hundreds of laws dictating precisely what insurers must cover so that consumers aren’t driven into debt or forced to go without medicines or procedures. But health plans have violated these mandates at least dozens of times in the last five years.

Companies find ways to “weasel out” of paying for benefits that cost big bucks. If the law requires them to cover “cancer drugs,” for example, they’ll just call it something else — like, I don’t know, “gene therapy.” Poof. No need to pay.

Thirty years ago a Michigan doctor and state senator named Joe Schwarz helped write a law requiring companies to pay for cancer drugs that would make chemotherapy more effective. He thinks “You shouldn’t split hairs between the term gene therapy and the term chemotherapy or the term radiation therapy or the term surgical therapy. They’re all cancer therapies and they should all be covered.”

Most salient is the point made by one patient’s widow:  “Insurance is meant to protect people ... not to make them fight through the last day to get what they should.”

I’m with her. 

So every time groups like the one Potter runs, or ProPublica, or PNHP, or Public Citizen, or the Center for Medicare Advocacy report on the scandalous ways Advantage plans bump up their profits at our expense, I can’t help but salivate. 

I truly despise these sociopathic business models, and I hope our municipal unions stop going down such antisocial, nefarious paths.

The OLR gets an “S” – for “Sloppy”

I just tried to change my health plan and couldn’t trust any single thing in the application process.

Changing health plans is a very scary thing for older people, especially when we have no idea how the Russian roulette of life will turn out for us in the coming year.

But the OLR made the process so much worse than it needed to be. Their website was loaded with incomplete instructions, missing forms, awful ambiguities, and buggy software.

With no way to complete this application on my own, I had to call the UFT Welfare Fund to solve its mysteries. Fortunately, the rep there was great. But why on earth did I have to go through her to get this thing done. 

Here’s what I just wrote the OLR, even though I have zero expectations that they’ll fix anything or even care. After all, the site still has all the Aetna info on it (as if any of that is relevant), and if you call one of their phone numbers, the recorded message from months ago is still telling people there’s going to be so many workshops to help us understand the new – now court-stopped, defunct – plan.  

I just sent a version of this to Tom Murphy as well.  If I’ve done something wrong in this application process, I’ll own up to it, call myself a dodo bird and apologize.  But in the meantime, what I found out may be useful to others who are trying to switch plan now during the November change period.

_________________________________________________________________________

Dear Sirs:

I am writing to describe to you the difficult process I went through yesterday trying to change from EmblemHealth HIP VIP to GHI Senior Care.

I still am not 100% sure that I have done this correctly, as so much was not explained clearly on the OLR website for Retirees: https://www.nyc.gov/site/olr/health/retiree/health-retiree-responsibilities-assistance.page.

Here is a list of things that I needed to get help with by calling the UFT Welfare Fund. All problem areas are in red ink.

1. From the above link, I clicked “Health Benefits Program Retiree Application” (https://www.nyc.gov/site/olr/health/retiree/health-retiree-forms-and-downloads.page).

It directed me to submit forms electronically using the link:  https://nycemployeebenefits.leapfile.net. There were two categories that could apply to my situation:

• Retirees only - Health Benefits Application (Retiree enrollment)
• Changes (address changes, death certificate, Medicare cards, etc.)

You can see the problem: I am a retiree and want to enroll in a different plan. Should I click the first link (Retirees - Health)? or the 2nd link (Changes)? I don’t remember which I one I did, but they both seem to lead to the same cover screen. I wrote a message and selected files to send individually.

2. Back to the Retiree page to get the forms. I clicked on “Health Benefits Program Retiree Application” but the DATE OF BIRTH cell did not accept my date of birth because of a bug. So I could not fill it out electronically. Instead I had to print it out, fill it in by hand, and scan it to the computer to submit electronically.

3. I did not know how to fill in some of the other boxes and had to call the UFT Welfare Fund to ask for help on these things:

(a) That change form asks for “Pension no.”  I checked my TRS account, and the only nos. listed there are called a “Retirement no.” [starts with “U”] and a “Membership no.” The UFT rep told me to use “the one with the U”. Who knew!@?

(b) After the box for name of current health plan is a box for “MBI NUMBER”. I had no idea what that was – my Medicare ID? my plan enrollment no.? The UFT rep said “Don’t worry about it,” as it wasn’t needed.

4. The UFT rep told me I actually had to upload TWO forms – the change form above, plus a disenrollment form for my current plan. That was not mentioned on the website, and I could not locate a link for that 2nd form either. She had to send it to me by email.

c) That form asks for an “effective date,” but I wasn’t sure which date should be there. Does it mean to enter the last date that my current plan should run to (end of year: Dec. 31, 2023) or end “by” the first date of the new year (Jan. 4, 2024). It would be clear if the wording were more specific, like: “Final date of current plan.”

5. I asked the UFT rep whether it was better to send electronically or by mail. She said “do both.”

6. When I submitted electronically, the software said “Success,” but how do we trust that message where there is no date or other details of the submission. I would have liked to take a screenshot (if details were there) or receive an email from the software that my documents were received.

7. I am now supposed to wait 4 - 6 weeks to see if this goes through??????  That’s insane.

Please can you tell me if you have received my application for change of health plan and that everything is in order.

I'm switching.

I just found out staying in the union’s HIP VIP Premier (HMO) will cost me $2K next year. And as far as I know, I’m not even sick.

That’s because the HIP plan, which has honestly served me well all these years, has a nasty little cost I had overlooked. 

Part B drugs are covered at only 80%, which means an out-of-pocket 20% when I need to get one of those twice a year.

GHI Senior Care doesn’t do that, and the new Aetna plan wouldn’t have either.

Here’s how this happened, and why I didn’t expect it.

Doctor recommends a “shot” to boost bone density. I have to get this thing at a facility, in my case, the infusion center at the hospital. First time round, no bill – and I hadn’t expected one either. I thought a shot’s a shot, always covered, even though I know Part B drugs don’t always work the same way in Medicare as Part D drugs. I still thought the union’s got me covered. 

So I take the 6-month repeat dose of this thing a month ago and get a bill yesterday for $1000. That can’t be, I’m thinking, it must be a coding error. So I called the plan only to find out it’s correct, I need to pay 20%. 

Why wasn’t I billed first time round?  Because something like this needs pre-certification by the doctor before the plan pays out. The first time, the office staff had failed to go through that process with the plan, so the plan wouldn’t pay out. The office also missed a 3-month window to correct the situation and had to actually eat that mistake, they weren’t allowed to pass the cost on to me.

Learning the bitter truth of biannual bills at $1000 a pop for the rest of my life, I checked the comparison documents on the OLR site to see what Senior Care people pay for Part B drugs.  Results were clear: my HIP plan charged me 1000 times what the other two were charging (except for a $50 deductible in GHI).

So if I stay with my HIP plan into next year, I will definitely be stuck with $2000 or more a year for those useful shots. If I switch to Senior Care, there will only be that $50 deductible.  

As I said, no brainer. Have to switch.

And now a word about our union "collaborators"

Obviously the situation has calmed down and we’re not being shoved into a plan that so many people have objected to for the moment, though I’m sure they’re working on it. 

When I say “collaborators,” I mean CVS/Aetna of the proposed but stalled new plan, and Cigna for our dental arrangements, though that one has not yet been structurally tweaked. 

So I was interested to read Wendell Potter’s recent essay on the size of the revenues that seven of the big health insurers have reported. Why am I not surprised that our two are included in this super avaricious group of megacorporations. 

Potter warns that “Wall Street’s unhappiness goes a long way toward explaining the double-digit premium increases many American employers and families will be hit with come January 1, 2024.” 

Investors don’t seem to have been satisfied with the profits the insurance companies have been making this past year, at a time when many of them used AI and other means to deny coverage for needed care and reject legitimate claims en masse. Potter tells us that revenues and profits did, in fact, rise.

As a group, the companies (Centene, Cigna, CVS/Aetna, Elevance/Anthem, Humana, Molina and UnitedHealth Group) saw their total revenues increase from $618.2 billion in the first half of 2022 to $683.8 billion during the same period this year.

In spite of profits up from $37 billion to $40.2 in a year, investors thought they’d better shift their money elsewhere to get an even better return on investments. That resulted in the stock prices of these companies going down this past year: while Dow, S&P, and Nasdaq shares went up, Cigna’s went down 23.2% and CVS/Aetna went down 27.7%.

“It’s not that the companies aren’t growing. It’s just that at least some of that growth has not been as profitable as Wall Street demands.” Apparently, these companies were paying more in claims than Wall Street was finding “acceptable.” 

BOY, ARE WE IN TROUBLE.

Because, as Potter says, “most of the companies’ growth continues to come from the taxpayer-financed Medicare and Medicaid programs.”  

And because 3 of them – our Cigna and CVS/Aetna buddies plus UnitedHealth – control 80% of the Pharmacy Benefit Manager (PBM) market and now operate their own practices and clinics, they can shift monies around to keep their medical loss ratio low (which means less spent on our health care and more on overhead and profits.)

Here’s Potter’s scary conclusion:

To get back into Wall Street’s good graces, you can expect the companies to try to squeeze more money out of their commercial customers in the form of higher premiums and out-of-pocket requirements; boost enrollment in their Medicare Advantage and Medicaid plans; and refuse to pay for more doctor-ordered care and medications.

But you can read the whole thing yourself if you want to know more specifically why you’re about to throw up.

Somebody shoulda thought this through

The ruling on the Aetna PPO just in . . . it's not happening. 

For now. 

NYSCEF DOC. NO. 101
PRESENT: INDEX NO. 154962/2023
RECEIVED NYSCEF: 08/11/2023
SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY
HON. LYLE E. FRANK
---------------------------------------------------

ROBERT BENTKOWSKI, KAREN ENGEL, MICHELLE FEINMAN, NANCY LOSINNO, JOHN MIHOVICS, KAREN MILLER, ERICA RHINE, ELLEN RIESER, BEVERLY ZIMMERMAN, THE NEW YORK CITY ORGANIZATION OF PUBLIC SERVICE RETIREES, INC.,
Plaintiff, 

-v- 

THE CITY OF NEW YORK, ERIC ADAMS, THE CITY OF NEW YORK OFFICE OF LABOR RELATIONS, RENEE CAMPION, THE NEW YORK CITY DEPARTMENT OF EDUCATION, DAVID C. BANKS,
Defendant. 

DECISION + ORDER ON MOTION

The following e-filed documents, listed by NYSCEF document number (Motion 001) 44, 50, 95, 96 were read on this motion to/for INJUNCTION/RESTRAINING ORDER .
On June 5, 2023, the Court issued a preliminary injunction in this matter. The Court has been informed by the parties that they do not wish for the Court to hold any additional argument, nor will there be further submissions. As such, this matter is ripe for a final determination. 

The Court therefore grants the petition for the reasons indicated in the July 6, 2023, namely that both the doctrine of collateral estoppel and the provisions of New York City Administrative Code Section 12-126 bars the actions sought to be taken by respondents. The Court does not reach the last point of relief in the petition, namely that the respondents should be enjoined from disseminating alleged false and misleading statements of the Aetna Medicare Advantage Plan. 

Based on the foregoing, it is hereby ORDERED that the Respondents are permanently enjoined from requiring any City retirees, and their dependents from being removed from their current health insurance plan(s), and from being required to either enroll in an Aetna Medicare Advantage Plan or seek their own health coverage.

Have to say I wasn't surprised by the Judge's comments a couple of weeks ago.

Now what's the city gonna do.