| Coverage
and benefit disputes in health care insurance and health care service
plans that frequently arise include the following: (1)
The insurer or plan contends that care was not "medically
necessary," which is often defined as care which is reasonably required according
to accepted norms within the medical community. (2)
The insurer or plan contends that the charges were not "usual,
customary and reasonable" for the services rendered. (3)
The insurer or plan contends that the treatment was "experimental"
or "investigational," which generally means that the care has
not been accepted in the medical community as normal treatment or treatment that
has not been proven to be effective medically. (4)
The insurer or plan contends that medical care was received outside
a specified geographical service area and was not emergency care. (5)
The insurer or plan contends, with respect to extended care
especially, that the care constituted "custodial care" or "long-term
rehabilitation" which are usually excluded from coverage. This issue often
arises in the context of persons confined to skilled nursing facilities or persons
requiring home health care. (6)
Coverage in a replacement policy that is substantially and impermissibly
different more than that in a group policy it replaced. (7)
Substantial differences between descriptions or terms in the evidence of coverage
(member handbook, disclosure form or summary) and the insurance policy
or health plan contract in the circumstance where the denial of coverage or benefit
is based on the evidence of coverage, not the contract. (8)
Substantial ambiguity in a particular term, definition, benefit or coverage description,
exclusion or limitation, or an ambiguity created by an interplay between or among
the different provisions. (9)
The insurer or plan attempts to effect a reduction in or elimination of a benefit
or coverage contrary to a provision in the policy or plan, or without adequate
notice. (10)
The insurer or plan seeks recession or cancellation of the policy
or plan alleging that an insured or member had a preexisting condition not revealed
in the application. |