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I Am Not a Dog

Posted: 10/19/09 03:14 PM ET

I am not a "dog." That's what health insurance executives called me because I have a disease. I'm also not a "trainwreck," another term they used for members like me.

Soon after I was born in 1972, I was diagnosed with muscular dystrophy. By the time I was six years old, I was confined to a wheelchair. Doctors doubted I would survive, but I inherited my parents' determination, and I proved them wrong.

I was the first wheelchair-bound student "mainstreamed" in the schools of Broward County, Florida. I became a poster child for the Muscular Dystrophy Association and president of my high school class. I entered college in 1990 with plans to work in politics and patient advocacy, but at 19, I had a severe setback and I was confronted with a stark choice. My survival would require a machine to breathe and round-the-clock nursing care.

A breathing machine usually means life in a nursing facility. But my father's small business had health insurance from Guardian Life Insurance Co., which promised "Solutions for Life." The health policy had no lifetime benefit cap and covered home nursing care. Relying on that contract with a 149-year-old company, I decided to go on a mechanical ventilator for the rest of my life.

Since then, I've endured life-threatening medical complications and long hospitalizations. I've lost my privacy and ability to travel. But I never regretted my decision to live, to continue to learn and write, and to share in the lives of family and friends.

After decades of medical emergencies, we still weren't prepared for the latest crisis -- this one created by the same insurance company that once saved my life. Guardian abruptly withdrew our health plan from all policyholders in New York where my father's business is based. Guardian offered a 'replacement' plan with low benefits and no home nursing benefits. They knew that I would never survive with such a plan, but they didn't care.

Suspecting that this action was related to the high cost of my care, we filed a lawsuit and have asked the U.S. Department of Health and Human Services to enforce existing federal laws and require Guardian to continue my health plan. Without federal intervention, I will lose this insurance, and that would be a death sentence.

Our lawsuit uncovered insurance company documents that confirmed my suspicion that I'm a target of discrimination. The documents revealed Guardian had compiled a "hit list" of its costliest members, including patients with muscular dystrophy, multiple sclerosis, brain injury, and paralysis. Guardian executives referred to us all as "dogs" and "trainwrecks," and they debated how and when to dump us from the rolls. Laws prohibited the cancellation of the individual members with serious chronic health problems, so Guardian opted to cancel the plan for all members of this specific health plan in New York, an action that violates federal law.

Although my medical costs constituted a minuscule fraction of Guardian's profits, the company had been trying for 15 years to sidestep its obligations to me. The insurer hired private investigators who searched in vain for evidence to justify canceling the policy. Guardian had similarly targeted the other "dogs" without success. Finally, Guardian launched the unprecedented strategy of withdrawing an established plan throughout an entire state in order to discontinue a few costly members.

When we checked the private insurance market to see my options, we discovered that benefits covering the care I need to survive are no longer available to small businesses. We learned that the insurance industry has replaced risk management with risk elimination, offering only benefits that guarantee permanent profitability. The human toll is not a factor in their calculations.

While all this was going on, Guardian reported $7.5 billion revenue, net income of $437 million, and available capital of $4.3 billion in 2008. Unlike small businesses, Guardian's financial strength remained unscathed by the economic downturn.

The health insurance industry remains unchecked, unaccountable and uninterested in the health needs of Americans. Nothing is more important than profit.

Don't think what happened to me was unusual. Insurance companies regard everyone as potential dogs and trainwrecks. They won't hesitate to use similar tactics to avoid your claims if someone in your family suffers a catastrophic illness. Insurers don't like it when sick people live too long and cost too much.

I know firsthand that America's health care system has the capacity to provide incomparable, life-saving care. But I am living proof that insurance-company "death squads" meeting behind closed doors routinely make life-sustaining benefits vanish.

Without stricter enforcement of existing laws and the creation of a public health insurance option to keep private insurers honest, it's only a matter of time before you or someone you love will become the next victim.

 
I am not a "dog." That's what health insurance executives called me because I have a disease. I'm also not a "trainwreck," another term they used for members like me. Soon after I was born in 1972, ...
I am not a "dog." That's what health insurance executives called me because I have a disease. I'm also not a "trainwreck," another term they used for members like me. Soon after I was born in 1972, ...
 
 
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11:22 PM on 11/21/2009
I happen to work for Guardian Life and what I am going to tell you might not resonate well with all of you, but Guardian is by no means is a medical insurer. We are not in the business of health insurance but life insurance and retirement. Medical and Dental Insurance was a by product offered to small businesses to offer more options to owners and employees. If Guardian decided to discontinue the benefit offered, they have the right to do so and get out of health business all together. They accepted Ian Pearl and his family even though he had what other health insurers call "pre-existing condition" and they refuse to insure patients like this. Ian was never refused the coverage, but at some point just like you would like to have your business be profitable, so does Guardian, they analyze loss ratios all the time and if at any point they decide that loss ratio on any particular product has more cost than benefit, it is their right to terminate it.

Now, while I truly feel that Ian Pearl and his family deserve the best care, I also feel that private insurance is not the way to go for them. Why not apply for Medicaid and/or Medicare? Disability like this would virtually guarantee state and federal benefits.

Another point I would like to make is that Guardian agreed to pay Mr. Pearl's medical care even though the product is not offered in NY any longer.
04:29 PM on 01/29/2010
Blah blah blah. I can't even hear you. Do you expect me to be a reasonable, listening human being after reading that story? Guess again.

It is simply appalling. The only words I can think of are not suitable for children.

I cannot for the life of my understand why we don't outlaw privately held insurance companies who provide dental, medical, vision, and home owners insurance.

Why would we want to give ANY company the opportunity to make a profit on other peoples misfortunes? I mean com'on. I'm for capitalism but that's just nuts and inhumane.
10:34 AM on 02/09/2010
Even if we agreed with you on every point -- the company called people like me (I Have multiple sclerosis) dogs and trainwrecks. Even the most loyal employee cannot possibly justify that. This story has left a bad taste in my mouth ever since I first read it. I don't have health insurance because of my health conditions (the costs for someone like me = more than rent and I live in an expensive part of California so that's saying something).

I'm against the current health reforms because I'd be mandated to buy private insurance. For people like me it's cheaper not to have insurance -- but I'm mostly against it because of what your company has said about me. Knowing they'll do everything to make my life hell given what they think of me makes me not want to be forced into buying private insurance. And yet I'm not eligible for public anything. I'm surprised private insurance companies don't use their lobbying powers to force that, surely they don't want any more dogs... Then again I'd be paying them gooood money and they'd surely find a way not to cover me.
10:02 AM on 11/11/2009
I am a C6 quadriplegic, who like Ian, was recently dropped by Guardian. Prior to my termination, I pleaded with the NY Attorney General to intervene. They were in a word disinterested. To complicate matters further, my wife and I had twins this past January, she is my sole care provider. I desperately need to get in contact with the Pearl family. Please forward any helpful information to:

mark.finguerra@gmail.com

Also, how does one become a writer here? I too desire to get on the record about my experience with Guardian.
11:35 AM on 10/25/2009
We've had a huge turnaround in this story. We hope HuffingtonPost will allow Ian to write a follow up blog post. In the meantime, you can check the updates here: http://www.facebook.com/group.php?gid=156839511657&v=wall
08:53 AM on 10/22/2009
This is one of the most powerful posts I have read to support public health care for all.

Although I am relatively healthy at the moment, I am 50 years old and anything can happen. The current health care system would certainly find a way to get rid of me as well. I feel as though I am one surgery away from having no health care, losing my job and losing my home. Some American dream huh?

Hang in there and I hope you win your lawsuit.
08:46 AM on 10/22/2009
Ian asked me to post a brief comment to thank all of you who have posted supportive comments here and elsewhere. "hello everyone. it's yours truly, overdue though I am. if I could give you a round of applause, I would. I can't begin to convey my appreciation for your generous support for my predicament, & others in similar circumstances resulting from discrimination by Guardian & insurance industry at large. and large they are. it is your swift & strong actions that are proving larger than they ever expected. keep fighting the good fight, and they'll continue realizing our bite is worse than our bark! -- Ian"
11:26 PM on 11/21/2009
Why would you not try to obtain state and federal help? Guardian is a Life Insurance Company. They offered health insurance to small businesses to have a more comprehensive benefit package, but if they decide to get out of this business, they have the right to it
07:52 AM on 10/22/2009
Why isn't this man's story on CNN, MSNBC, ABC, CBS, etc., etc? It's these real life HORROR stories that are finally get "mainstream, covered by employer's health insurance" Americas to WAKE UP to the truth of health insurance in this country. It's all about profit regardless of how many die.

While we wait for a public option I'd like to see healthcare providers of every stripe break away from the insurance companies and offer services at affordable prices. It can be done. It's the way healthcare was provided for decades. I'm thinking of running an ad to see if I can find a physician willng to work with me.

Why should we need insurance to see a doctor, dentist or get our eyes examined? A woman who got dental help at a recent Remote Area Medical event said she didn't have dental insurance and couldn't afford to get her abcessed tooth treated. Why aren't there dentists and doctors willing to work with patients on a non-credit card payment plan?

I wish you well Mr. Pearl and hope our legislators and Congress have developed the spine to see you continue to recieve the medical benefits you need to survive.
10:38 AM on 10/22/2009
Mixpixlix, we have had the storied covered by Keith Olbermann on MSNBC, CNN American Morning and Headline News (Your Views). But you're right, we need this covered everywhere so people understand what's going on--with Ian, those like him and those in the future if Guardian's actions are permitted to move forward. Thank you for your voice! More media updates on the Facebook group we've created: http://www.facebook.com/group.php?gid=156839511657
02:58 PM on 10/25/2009
Yes, controlling medical (and dental) costs are the real issue, and the media prefers to ignore it in favor of dumping on insurance companies. Seriously, if this young man's medical care is so extremely expensive that it made them drop a whole state, why aren't the people who are charging these horrific amounts as much of a story as the insurance company is?
02:55 AM on 10/22/2009
Our elected officials have been in office too long and have long since abdicated their responsibility to the American people. It is not a repug or dem issue, they have all ceased to even pretend to legislate for the citizens of this Nation. How does anyone believe these people ,who have recieved millions of corporate dollars,will bite the hand that bribes them. I will puke the next time I hear one of them say "that million dollar donation does not influence my decisions."

As they pretend to debate and drag this out, people are dying and descending into abject poverty. The 30 Senators who voted against Sen. Franken's bill and in favor of corrupt coporations could not look up as they tried to defend their positions. In the case of ACORN they were loud and clear with their outrage. KBR has been bilking the Gov for years and not for a couple of million dollars, but Billions.

Pull the funding from KBR, shut down these two disasterous wars,and use those Trillions of dollars to take care of the taxpaying American citizens. There propblem solved.
02:05 AM on 10/22/2009
Why don't the Michelle Bachmans and the rest of the Republicans recognize these corporations for what they are!! The real DEATH PANELS!!
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JackRusselTerrier
sniff out the truth and chew on facts
12:12 AM on 10/22/2009
Thank you for your article Mr Pearl. Your story is indicative to how the private insurance system has put profit before health.

May you live many more years. The world would be a lesser place without you.
Please keep us posted as to your situation. Your struggle is our struggle.

Sincerely JRT
11:36 PM on 10/21/2009
Capitalism has failed; while Karl Marx was wrong about communism he was dead-on about us: he foresaw that the big fish would end up eating each other until there was just one fish left. That fish would be a bloated whale. Call it BofA, or Ford, or IBM.
01:00 PM on 10/22/2009
Hippie4 ever... I am sure you have heard of the old adage attributed to every communist from Marx to Mao..."The Capitalists will sell (give) us the rope with which to hang them"...this is so true as we have seen where trade with China has taken us.

Capitalism on "Main Street" practiced by small entrepenuers was at one time what made this country great. War has been declared on them and their destruction emminent by the huge conglomerates that strive to crush all "mom and pop" businesses. Capitalism has failed in that predatory monster corporations have been allowed to thrive unchecked by corrupt legislators who always have their hands out for "free" money and still not realizing they had to sell their souls for it.
ajwriter
Healthy equilibrium, healthy democracy
02:13 PM on 10/21/2009
Mr. Pearl's situation is yet another example of how the interests of for-profit insurance and our society cannot coincide, we must eliminate insurance profiteering in order to improve our system.

Mr. Pearl's care is expensive. But doing everything we can to help Mr. Pearl along the way gives doctors experience and insight to help him and the next person -- that is, if the doctors are allowed to do what they think gets the best outcome instead of constantly doing what the insurers will allow. The way the insurance companies control medical practice actually impedes the advancement of medicine. In particular, they have incentives to avoid quality of life care altogether, and to avoid paying for life-extending care for people who would die without it. As a society, we benefit if people have better quality of life, if we are constantly honing quality-of-life-improving care (and technology), if people who would otherwise die are able to be productive, if we constantly improve life-saving medical care. Insurance companies benefit from obstructing it all.

Allowing Mr. Pearl to spend his time being as productive as possible -- instead of fighting insurers -- would also benefit our society, that is clear from his essay.
12:01 PM on 10/21/2009
I have emailed Guardian Insurance directly and my insurance rep, as well, and have told them that if Guardian does not change its policy toward Ian Pearl and the others, then I and my husband will cancel our life and disability policies with them and never do business with them again. I encourage any others who have policies with Guardian to do the same. One won't make a difference, but large numbers will. What they are doing is heartless. What if it were their family member, friend, or even child?
04:56 AM on 10/25/2009
"What if it were their family member, friend, or even child?"

I'm sure their answer would be, "But that's different!" That much is obvious.
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HUFFPOST SUPER USER
marmmalou
You have a voice. Use It.
09:09 AM on 10/21/2009
Dennis Manning has , in the name of profits, conspired to commit murder of sick and disabled Americans.

This needs to be on the front page of every newspaper in the country.

Bless you Ian and keep up the good fight.

There are many more caring people in this Country, than people like Mr. Manning and company.

If more people knew that these heartless insurance companies take such actions to deny coverage, they would demand change.
07:25 AM on 10/21/2009
Many of the supportive comments here have asked how to contact Guardian to show your outrage. I've tried to include contact information--including Guardian CEO Dennis Manning and VP Tim Bierely (the gentleman who called Ian and others "the dogs") at the Facebook page for Ian's case. Just as important is telling HHS and President Obama that they need to act--it is in their hands now because of a law called HIPPA which makes it almost impossible for private citizens to enforce anti-discrimination laws in this case. You can find the contact info and more here: http://www.facebook.com/group.php?v=wall&viewas=0&gid=156839511657
HUFFPOST SUPER USER
ProgressiveVoice
02:23 AM on 10/21/2009
Damn good thing we have responsible Republicans to save us from the Death Panels.

(Think of the most sarcastic, dry-witted person you know and imagine the above in that person's voice.)
01:40 PM on 10/21/2009
This isn't a Democrat vs. Republican issue and you shouldn't use this man's story to promote your party rant. This story is about decency and humanity. I am a Republican and am appalled by this and have personally done what I could to have a voice and make a difference-emailing the CEO and the company and my insurance agents threatening to cancel my policies, and getting the word out. What have you done other than use it to make a tired cheap shot at Republicans? As a Republican, I am for reform...but in a responsible way that will be done effectively and efficiently, with oversight, and made by lawmakers that actually know what they are voting on. Change happens one person at a time and not by simplistic party rants. Talk is cheap.
02:09 PM on 10/21/2009
jjinnc

If that is the case, then please contact your Republican representative and Senator as well, and demand they stop try to roadblock any and all attempts at reforming our current system.

Whether you find it unpleasant or not, your party leaders have embraced the role of defender of the status quo... a status quo that would make a cold, calculating business decision to terminate care for anyone that cuts into the bottom line.
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HUFFPOST SUPER USER
the Lensman
Facts Have a Liberal Bias
12:25 AM on 10/22/2009
No. Talk is not Cheap. The Republican Filibusters blocking all progress show that. Since you obviously have a conscience you might consider separating yourself from those soulless servants of the corporatocracy that pretend to represent the people while serving at the altar of big bussiness.