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Arkansas Couple Bankrupt And Broke After Injury, Despite Insurance

First Posted: 03/18/10 06:12 AM ET Updated: 05/25/11 03:20 PM ET

David and Kelly Arellanes hesitated when the AFL-CIO asked them to visit Washington as part of a union-led effort to encourage lawmakers to include a public insurance option in health care reform legislation. The Bryant, Ark. couple, broke due to medical bills, didn't want to look like they wanted help, or even sympathy.

But they decided to make the trip after opening a bill for lab work related to the accident that bankrupted them. Out of a $208 balance, their health insurer, United Healthcare, had agreed to pay $1.35.

"When Kelly and I read it, it's like, 'Oh yeah, we're going tomorrow,'" said David, 55, in an interview with the Huffington Post. "If people did know the insurance companies are doing these things, then we might be able to do something good."

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The Arellaneses, both retired AT&T workers and members of the Communications Workers of America union, considered the pitiful payment only the latest indignity in a long battle with United Healthcare. It started with a horseback riding accident on June 13, 2004, when Kelly Arellanes, now 50, fell out of her saddle and hit her head on a rock, severely injuring her brain. She was airlifted from the campground where the accident happened to a hospital in Fort Smith, Ark.

David recalls the doctor telling him they could do surgery to remove part of Kelly's skull, a risky operation she might not survive. Otherwise, she would die within an hour. "Honestly, I said a quick prayer, and in my head I heard these words: do it."

The doctor turned around without saying a word. David said he recalled taking his health insurance card out of his wallet and calling the 800 number on his cell phone to report what had happened to his insurer. But weeks later, after Kelly had come out of her coma unable to walk, talk, or even remember her family, David got a bill from the hospital for tens of thousands of dollars.

"The hospital said they hadn't received any payment from United Healthcare yet," said David. "That's when the argument started."

There were also two nearly-identical letters from the insurer. One said the company received word of Kelly's inpatient admission on the 15th of June; the other said notification arrived on the 30th. David said he couldn't make sense of the letters until he got on the phone with United.

"A representative over the phone said I didn't report it within the guidelines. I said no, I reported it on the 13th," David said. A few days later, it occurred to him that he had a record of his call. He got back on the phone with United Healthcare. "I'm sitting here looking at my cell phone and I'm looking at the time I called you. If you'd like, I could mail you a copy of this phone bill. He said, 'I don't know if that'd be necessary.'"

David said United Healthcare then claimed that the hospital his wife had been taken to was "out of network." He said the insurer agreed to pay for some parts of his wife's treatment, but the bills piled up.

"There was no consistency in what they would pay and what they refused to pay."

For instance, United covered $38,511.64 for Kelly's second hospital room after she left intensive care, leaving the Arellaneses on the hook for $21,702.79.

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The couple refused to sign a disclosure form that would allow United Healthcare to confirm or deny allegations or comment on their case, because, David said, he doesn't trust the insurer not to lie.

"United Healthcare puts a high premium on providing accurate and friendly customer service and is committed to ensuring all its members are receiving the appropriate assistance to get the care they need," said spokesman Daryl Richard in a statement to the Huffington Post. "It is unfortunate and concerning that the Arellanes family will not give United Healthcare permission to address and further review any issues they may have experienced while receiving treatment for this accident."

That treatment, on top of the surgeries to remove and later replace part of Kelly's skull, involved anesthesiologists, radiologists, physical therapists, a pulmonary physician for a lung infection and an otolaryngologist for a damaged ear. They said they managed to pay about half of the $200,000 they owed. (David estimates the total cost was probably between $400,000 and $500,000.)

"We had stock with AT&T, we had investments, savings accounts, the money we had saved for our daughter's college, we had a motor home," he says. They sold the motor home, the investments, and used up their savings and their daughter's college fund, adds David. They filed for bankruptcy protection in late 2005 in order to keep their house. He says they'll be making monthly payments of about $1,600 from a fixed income of about $3,200 for another year and a half.

Most bankruptcies are caused by medical bills.

The couple brought a box full of bills to Washington last week to show their senators and congressmen what they'd been through. They met individually with Arkansas Sens. Blanche Lincoln (D) and Mark Pryor (D), along with Reps. Mike Ross (D), Marion Berry (D), and Vic Snyder (D), who represents their district. They said they pressed them all to support a public option.

"She was totally paralyzed: total amnesia, she couldn't read, write, speak, or add and subtract," David recalled telling them. "She couldn't do anything that every one of us takes for granted doing every day. But now look at her. The doctors cannot explain how she's recovered. In spite of United Healthcare, look at how she's recovered."

They showed their senators a picture of Kelly's head after the portion of her skull had been replaced.

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"Unfortunately, as Kelly told me herself, their story is often the rule, and not the exception," said Sen. Lincoln in a statement. "That's why it is important we enact common-sense reforms to change the way insurance companies do business that will make a real difference in the lives of Arkansans and all Americans."

Kelly said she didn't understand what had happened to her until recently. "Four years after the incident things started making sense to me," she said. "It really started making sense about how we were basically being raped by our health insurance. I understood better why we filed bankruptcy."

She said she felt sure-footed when she shared her story with her elected representatives.

"I felt we were stating facts, and like I told all of them, I am not a primary story, I am an example of what is happening to people all across our country every day."

For more information on health care in America go here, and to support the Brain Trauma Foundation check out their donations page.


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David and Kelly Arellanes hesitated when the AFL-CIO asked them to visit Washington as part of a union-led effort to encourage lawmakers to include a public insurance option in health care reform legi...
David and Kelly Arellanes hesitated when the AFL-CIO asked them to visit Washington as part of a union-led effort to encourage lawmakers to include a public insurance option in health care reform legi...
 
 
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HUFFPOST SUPER USER
MANK
06:00 PM on 10/20/2009
Write to your southern Blue Dogs! I wish you well for a speedy recovery!
04:59 AM on 10/17/2009
This is just another tragic story of health care! Does President Obama know about this thing? I hope so. I blog about health care often!

John DeFlumeri Jr
01:02 PM on 10/16/2009
Was she wearing a riding helmet?

I believe individuals should be responsible for paying for their own healthcare, whether directly, through insurance premiums, through insurance savings accounts or a combination of all three.

In this case, with public healthcare, the family wouldn't be on the hook, but the public would be on the hook for them. Perhaps a public option could be created that would pay a portion of certain of the services.

Life involves risk. I am not sure that personal risk should be turned into public risk, particularly if she were not wearing a helmet.
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hypnotoad72
Freedom = real democracy = living wages
05:42 PM on 10/18/2009
Good. Then I hope you never require ANY government services. Even those you're not aware of yet use everyday.

I mean, if we're going to play the game you're ascribing to, that means you have to play it too. No cherrypicking. I mean, life involves risk and I don't want to be paying for yours.
HUFFPOST SUPER USER
hollybork
12:08 PM on 10/16/2009
Let us see if Sen. Blanche Lincoln votes in favor of the Health Care Reform Act. She has waffled in the past and has been anything but a strong advocate of the democratic party's platform on national healthcare.
05:59 PM on 10/15/2009
The ridiculous argument against the public option is that it might put insurers out of business. Stories like this make me wonder why we would even WANT to keep them in business.

For a slightly more amusing argument for the public option, read this:

http://thefunpie.wordpress.com/2009/08/20/the-evil-public-option/
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HUFFPOST SUPER USER
Jesster
10:29 PM on 10/15/2009
To big to fail? Wrong, like the lumbering dinosaur, they are too big to survive. It's time to let natural selection lead to their natural extinction. Just take them off of taxpayer provided life-support.
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hypnotoad72
Freedom = real democracy = living wages
05:44 PM on 10/18/2009
What is "natural selection", and is that about having superior ability to do something? Or superior ability to con others?

WWJD...
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dadw5boys
Disabled Vietnam Vet
05:36 AM on 10/16/2009
Listen to Nixion Tapes

HMO's were a con game from the beginning !!!!!
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HUFFPOST SUPER USER
OldBear
We Have Met The Enemy and He Is Us.
05:12 PM on 10/15/2009
Large American corperations have become rogue corrupting organizations only interested in their quarterly profits. Investors, the lifes blood of business, are only interested profits. Why are any of us shocked that the insurance industry treats us the same as our banks, our government, or any other large corp. The only answer is change the government. Vote ALL of them out of office; Local, State and National and keep voting them out until we get a peoples representaive government. Lets get back to where our county started a Government of the people, by the people, for the the people.
HUFFPOST COMMUNITY MODERATOR
TXfemmom
Grandma with eye on the future
03:53 PM on 10/15/2009
We had United Health Care for a year. During that year of hell, I had to call them 48 TIMES!!!!!!!!!! I am a former Advanced Nurse Practitioner and Certified Registered Nurse who was forced into disability by a back, neck and pelvic injury. MY husband's company is a relatively large one, so their insurance, United, was my primary coverage, with Medicare as my second coverage. I clearly gave them the information and THEY KNEW THE LAW. In the situation where the company has more than 100 employees, the private insurer is the primary coverage. They denied all claims, ALL, and I winced every time I had to have care because I knew it was going to be a battle. When something which required precertification was schedueled, they would deny it because they would claim Medicare was the primary. Every time it would require an hour long call by me when they had the information about how large the company was. Finally, it got to the point where the automated system sent me directly to Dispute Resolution when I called. They sent a letter to Medicare, claiming that Medicare should be my primary and then ACCUSED ME OF INSURANCE FRAUD. Medicare sent me a letter and frighened me and a call of an hour and a half with Medicare got it sorted out. UNITED TRIED TO GET MEDICARE TO GO AFTER ME FOR INSURANCE FRAUD AND THEY WERE THE ONE COMMITTING FRAUD.
04:25 PM on 10/15/2009
The former CEO made between 59 and 120 million a year...
01:30 PM on 10/16/2009
Now, that I don't agree with -- not your statement but his making that much while nickeling-and-diming his customers.
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03:33 PM on 10/15/2009
10/15/09
3:31pm
Alexandria,VA

What a scary story. This is what happens when you have medical insurance? The lady is lucky to have such a caring husband.

This is what happens if you don't have health insurance or "bodily injury" on your car insurance: Some guy with USAA insurance crashed into my car (he denies running thestop sign but was going FAST) and I didn't/don't have health insurance so I can't get a doctor to see me about my post-concussion symptoms. USAA won't agree to pay more doctors and now wants to settle for the amount of the ER bills or less.
I am trying to get an attorney but...I am broke and it looks like this will take a while to settle.
AND...My car is still messed up because the damages exceeded the value.
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yakmeat
Nearly all of us are both makers and takers.
01:59 PM on 10/16/2009
My wife and I faced a similar situation, and had to fight with the other driver's insurance company (their insured was at fault and they had assumed liability for the accident). We couldn't afford to hire an attorney either. However, we learned that many attorneys will take on such cases with no payment up front. If they win a settlement, they get paid a percentage (usually about 1/3 of the total) but if they do not, you pay nothing. We did finally get the insurance company to fulfill their obligation, but it took an attorney to do so.

I asked the attorney how he can take on cases that he only might get paid for. His response was enlightening and sickening. Basically, he said that they can take these cases because it only takes about 1/2 hour to determine if the case is legitimate, and if it is, they pretty much always win, usually without ever going to court. And the insurance companies know that they will lose.
However, the longer the take to pay your claim, the longer that money can be put to work on Wall Street to make them more money. They know they'll have to pay, but WHEN they pay makes a difference to their bottom line.
03:25 PM on 10/15/2009
Another example of Insurance injustice. How many more do we need to see to convince the Govt that it needs to change. For God's sake if we cannot get the insurers to do what's right, close the suckers down. Lets' ALL just pay into a huge pool and have no out of network BS or crazy deductibles. This is a classic case of the "system" failing miserably. How could they take her to an in network hospital...this is lunacy. The rest of the world are shaking their heads in disbelief on how a rich nation like ours can operate this way. We have strange priorities on what exactly is important anymore, I think EVERONE should see Michael Moore's SICKO again !!! It's even more appropriate today than even back then....let's just have a single payer system and tell the insurers to find another job......
03:07 PM on 10/15/2009
As far as I'm concerned, our health care system is raping all of us, every day, and the government is condoning it until they decide to change. I pay $1500 a year for health insurance, yet my insurance company has yet to pay a single dime towards the doctor's bills I've incurred this year after being diagnosed with Polycystic Ovarian Syndrome, because of their ridiculous deductibles and restrictions on which tests and medications they'll cover.

Every single insurance company should be sued for extortion, it's worse than a pyramid scheme.
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HUFFPOST SUPER USER
bekahlyons
03:06 PM on 10/15/2009
IF the facts above related by the couple are accurate they wil be millionaires! I urge them to get thee to a lawyer immediately!

Kelly presented in an urgent crisis , requiring emergency life saving surgery. Hence no out if network penalty could apply. If UBH did so they would be liable and would pay dearly in court. Because of emergency in nature no pre notification applies.

There may be bills and issues that seem to not pay amounts. Appeals process would have clarifyed
those bills and settlements would have occurred. Once an appeal is made the medical facility or provider cannot legally sue indiviual for remainder of cost , rather they appeal to insurance cost to recoup.

If this story is accurate it would be one of the most ludicrous behaviors by an insurance company ever.
UBH would be liable and beyond! There is legal recourse to protect Americans in that case.

But just like the embellished healthcare horror stories that Obama reads from his teleprompter that have been now proven to be not correct, I suspect this one has parts missing as well.

I have been a physician for 18 years. I know that insurance companies have issues as well as health facilities and patients. But I equally know first hand that the hype on the left about bankruptcies and such are the odd not the norm!
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Jeff1958
What a long strange trip it's been
03:15 PM on 10/15/2009
Not the norm? Au contraire. I've also had problems with UHC. It wasn't over brain surgery, but my son was taken by ambulance to a hospital. I was then informed that UHC cancelled my insurance (!) because I didn't make one payment. This was untrue - UHC applied a monthly premium to dental (which I didn't even have), not medical! It took weekly calls for one year (50 hours out of my life I'll never get back) until I finally switched insurance carriers. By the way, UHC's customer service is outsourced to India, so I spoke to Cathy and Beth and Tom and Peter with heavy Indian accents.
03:47 PM on 10/15/2009
I am sad to report that this case sounds all too common. Also, I doubt you have any solid understanding of what is involved in making a claim against an insurance provider. Further, not all policies have an out of network exception clause and many others have defined it such that it (the exception) would not apply in this case.

Finally, suing an insurance company is very hard. Many policies have an arbitration clause, a damage limitation clause, and other clauses designed to prevent or limit claims.
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HUFFPOST SUPER USER
rextrek
50yr old, Moderate-liberal in S.NJ/Phila
02:58 PM on 10/15/2009
..and they live in Arkansas....hey you got Huckabee....aren't you lucky??? He can pray away your debts.
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HUFFPOST COMMUNITY MODERATOR
oldngrumpy
My micro-bio is no longer empty
02:55 PM on 10/15/2009
Our political history in this country has a long line of instances of business corruption requiring the intervention of the federal government through legislation. Each time, from child labor to the present insurance reform, conservatives have attempted to block that legislation and have championed the corruptions of business.

This story represents the tactics that are presently being defended by the Republicans and their ignorant tea partying, low information shills. We will not keep up with a rapidly advancing world until we simply jettison this corruption from our political system. Sadly, there are enough people who choose the simpler to grasp ideology and the appeal to their independence to keep this larcenous party viable at the polls. What is needed is a declaration of what America stands for in domestic policy that can be waved in front of these dullards like they wave the constitution at us with their errant interpretations.
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HUFFPOST COMMUNITY MODERATOR
LisaLisa1234
05:26 PM on 10/15/2009
But, but, but...they're taking away my freeeeeeeeedddooooommmm....

Sorry. I couldn't resist.
02:46 PM on 10/15/2009
I alway resent paying $10 for parking if I have to go to the hospital. I'm in Canada, so that's usually the extent of it, so I guess I am lucky.

So why are Teabaggers (LOL), and right wing nutters able to converge on Washington and dominate the news, but this makes headlines on either the HuffPo or a Michael Moore movie?

Why aren't these people a story on network news all the time? Does the insurance lobby control all the networks?
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HUFFPOST COMMUNITY MODERATOR
oldngrumpy
My micro-bio is no longer empty
03:27 PM on 10/15/2009
Corporate America is a very tight knit club, and our lawmakers have allowed our media to join that club by not limiting the scope of their influence with anti-trust legislation. It's a "one for all - all for one" arrangement and the GOP is it's paid cheer leader.
02:42 PM on 10/15/2009
While I sympathize greatly with this couple, I wasn't even past the 4th paragraph when I thought, "Was she wearing a helmet?" I know the libs will smite my name for even MENTIONING it. Oh well, whatever. As a horsewoman myself, I won't get on a horse without one. ANYTHING can happen - this woman is lucky to even be alive. Here is part of MY letter to the editor of Equus magazine from April or May of 2008: "..... I always wear a helmet when riding, sometimes receiving ridicule and comments from other local horse owners. My response is usually the same advice as the article conveyed: "Do you really want your husband-parents-friends, etc. to have to provide care for you 24/7 in the event you sustain a head injury while riding? How will they (and you) feel when they have to feed you, clothe you, change your diapers, etc.? Personally, if I can prevent any chance of that, I will wear a helmet." The article hit home when it mentioned the unknown woman had a husband and 3 children; as the mother of one toddler, and the wife of a wonderful man, I refuse to let my vanity jeopardize the routine of their lives. Remember: if you get a brain injury, your entire family suffers - so think about THEM too - and wear a helmet. " When engaging in risky hobbies like horses, take precautions. There has to be SOME responsibility from the participants.
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Jeff1958
What a long strange trip it's been
03:18 PM on 10/15/2009
What does your letter to the editor of a horse magazine have to do with:
1. this article
2. health insurance
03:59 PM on 10/15/2009
The lady SHOULD HAVE BEEN WEARING A HELMET. Then maybe she would not have had to endure this crap. DUH!
04:34 PM on 10/15/2009
Nothing. It has to do with lack of judgement and empathy.
04:29 PM on 10/15/2009
What you said could equally be applied to riding in automobiles, which cause most head injuries, yet who do you know that wears a crash helmet in their car? If we are required to wear seat belts, why not crash helmets?