More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Wendell Potter

GET UPDATES FROM Wendell Potter
 

Insurers Pressuring Obama to Defy Law So They Can Continue Keeping You in the Dark

Posted: 10/31/11 09:53 AM ET

If you have no idea what you're paying good money for when you enroll in a health insurance plan, there's a good reason for that: insurers profit from your ignorance. And they're waging an intense behind-the-scenes campaign to keep you in the dark.

In my first appearance before Congress after leaving the insurance industry, I told members of the Senate Commerce Committee that insurers intentionally make it all but impossible for consumers to find out in advance of buying a policy exactly what is covered and what isn't and how much they'll be on the hook for if they get sick or injured. Insurers are quite willing to provide you with slick marketing materials about their policies, but those materials are notoriously skimpy when it comes to useful information. And the documents they provide after you enroll are so dense few of us can understand them.

In the months following my Senate testimony, lawmakers drafting health reform legislation included a provision requiring insurers to both provide comprehensible disclosures of health plan benefits and make that information available to anyone shopping for coverage. Despite repeated attempts by industry lobbyists to get that provision stripped out of the final bill, the Affordable Care Act as signed by President Obama last year requires that all private health plans provide consumers with a concise and understandable Summary of Benefits and Coverage (SBC) form. In addition, they must provide a uniform glossary of medical and insurance terms.

If you think that sounds like a reasonable request, you're not an insurance company executive who is rewarded more for meeting Wall Street's profit expectations than assuring that consumers know what they're buying.

Now the Obama administration is trying to figure out how to enforce this new requirement, and so health insurers and their allies have launched a full-court press to persuade government officials to gut it by exempting policies sold where people work. Because the vast majority of Americans who have coverage get it through their employers, this would mean that most of us would, for all practical purposes, continue to have to buy a pig in a poke.

Fortunately there are several organizations, including Consumers Union, publisher of Consumer Reports , that are fighting the good fight. They're demanding that Obama officials write the regulations to apply to all health plans, regardless of whether they are sold on the individual market or through employers, unions or other groups. They insist that Congress intended for the standard form, which would allow "apples-to-apples" comparisons of health plans, to apply across the board.

As Consumers Union noted in comments sent to the administration, the booklet describing benefits that most employers currently provide their workers "is a bulky, legalistic document that few consumers can understand." It cited one study which concluded that the typical benefit description document provided by employers is written at a college reading level. Most Americans have trouble understanding information written above the 6 th to 8 th grade level.

Insurers and their corporate allies, including the U.S. Chamber of Commerce and the National Association of Health Underwriters, are claiming in comment letters to the administration that providing a uniform, simplified and understandable version of those documents would cost so much money they would have to increase premiums.

America's Health Insurance Plans (AHIP), the lobbying and PR group for insurers that says it represents more than 1,300 health plans covering 200 million people, contends that the cost of implementing the proposal would be $188 million. In addition, AHIP says, the annual cost of providing the information would be $194 million. Would insurers consider absorbing those costs? Of course not.

"The benefits of providing a new summary of coverage document, in addition to what is already provided to consumers, must be balanced against the increased administrative burden that drives up costs to consumers and employers," AHIP said in its letter.

Nonsense. Consider this: the five largest insurers (UnitedHealth, WellPoint, Aetna, CIGNA and Humana) over the past week have reported profits exceeding $2.6 billion for just the three months that ended September 30, 2011. Over the past 10 years, those five companies have recorded profits of more than $50 billion. Imagine what the total would be if you added in the profits of the other 1,295 health plans AHIP says it represents.

The industry could even pass a hat among the CEOs of those big insurers and come up with the additional money without any one of them giving until it really hurt. UnitedHealth's Stephen J. Hemsley is the highest paid CEO in America, according to Forbes magazine. He hauled in more than $100 million last year alone. When H. Edward Hanway, my former CEO at CIGNA, retired at the end of 2009, he walked out the door with $111 million. When you consider the money those two guys have made over the years, they alone could cover the cost of providing consumers with information they can understand.

I'd advise everyone to keep their eyes on this skirmish. If the administration caves to the insurers' demands on this, we'll know who really is calling the shots when it comes to implementing health care reform.

 
 
 

Follow Wendell Potter on Twitter: www.twitter.com/wendellpotter

 
 
  • Comments
  • 73
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
Page: 1 2 3  Next ›  Last »  (3 total)
ProudConservative
Fiscal conservative, social moderate
06:09 AM on 11/01/2011
"Now the Obama admiinstraton is tryiing to figure out how to enforce this requirement" is most revealing. Making a requirement without figuring out how to enforce it only reinforces the ineptness of this administration.
05:07 AM on 11/01/2011
I work for a Fortune 18 company that self-insures it's employee health plans. They collect premiums and hire an insurance company to administer the program. At the end of the year, even after paying the administrative costs, they make more profit from the health plan than many Fortune 500 companies do from their core business. Yet premiums rise every year and coverage declines. Most expensive treatments are denied or require "prior approval" for those brave enough to buck the system. We need the Affordable Care Act and we need Obama to stand with us to fight the injustice of health care rationed out by greedy employers and even greedier insurers who fill their pockets with the funds that should be used to buy the treatments and meds needed by the insured but instead are denied as "excluded from the plan.". Keep up the good fight Mr Potter!
HUFFPOST SUPER USER
CollectiveNotIndividual
04:23 AM on 11/01/2011
As a conservative....it's rare that I agree with any of these left wing Huff Post authors....but this guy is spot on. I don't like government regulating what business "do".....but the government regulating what business "say" is a different stroy. Forcing business into open disclosure....this is good. This in effect helps to create what I love....free markets. Insurance companies should be required to provide comprehensible disclosures of health plan benefits
01:27 PM on 11/01/2011
I would definitely agree. We wouldn't buy anything else blind--an extended auto warranty, a home or even higher education--without first seeing the details. If disclosure is an issue for these companies, that only makes me realize they have much more to hide than we think.
photo
HUFFPOST SUPER USER
nix28
Embracing honesty and its ugly step-sister, truth.
01:14 AM on 11/01/2011
Thank you very much for sharing! Very informative, and it's great to see that there are many fighting on behalf of the little people.
01:05 AM on 11/01/2011
Will earmark this article.Just as the consumers had a hard time understanding their, credit card bills and all those hidden fees in thier CONTRACTS.So too are the health insurance company running a similar scam.We as consumers have a right to know all the above mentioned and than some.This needs to be addressed NOW.Watching the hearings on the credit card company's it was found out that most were written on a phd level.So since only one side could understand the contract.Well Id say it might as well had been written in another language.Congress could not understand the language, nor could a woman who had a phd!So disclosure in plain english is way past due....
photo
HUFFPOST SUPER USER
raoulhubris
Subvert the dominant paradigm!
11:57 PM on 10/31/2011
Can we wait or rely on insurers to give us an honest comprehensible explanation of benefits and costs? Perhaps and end around is necessary. Is it possible for a non-profit such as the Consumers Union to provide a breakdown and interpretation of the policies with a little government protection from the industry when comparisons ore challenged.
photo
unfoxworthy
We:ScottOlsens,the misfits,out to change the world
10:01 PM on 10/31/2011
Wendell
Always a good "read" - always doing your homework.
Now...if the American people would ONLY get MAD enough over the many shortcomings of the current healthcare delivery (and the insurance) system
which will affect each and every one of them
and at which point they'll seek out your knowledge
and wonder why they hadn't [prior]
08:31 PM on 10/31/2011
As the person who administers the benefits that our company offers I concur that the cry of "it'll cost too much" is a bunch of bunk. More and more insurers are providing nothing more than a link to a PDF on their website for the specifics of the various plans they offer. The costs they will incur will be the expensive lawyers they no doubt hire to make sure the language is obscure enough to avoid payments.
photo
EdCorner
fiat iustitia, et pereat mundus
08:08 PM on 10/31/2011
It is fantastic to have an insider with knowledge of how things work in the insurance scams and to provide us, unfailingly, with the truth. When does the greed end. $100 million for 1 year??? No one "needs" that much money.
HUFFPOST SUPER USER
ancientuno
08:04 PM on 10/31/2011
Pretty sad situation from a country that thinks it's a leader in everything.
photo
HUFFPOST COMMUNITY MODERATOR
Dosadi
Political agnostic
06:36 PM on 10/31/2011
Once again, thank you Mr. Potter. Keep on fighting for us.
photo
kokobell616
Your micro-bio is pending approval
06:36 PM on 10/31/2011
I will copy a phrase I read yesterday. Wendell Potter, you sir, must be my spirit animal.

Thank you for your time and effort in relaying this information to us here.

Another article your wrote indicated a shift in employer based insurance plans to a more profitable concept for the insurance sector. You sir were right again. Within a month the company that employs me changed their insurance again. It is becoming a yearly thing. Thanks for the heads up. You insight saved me a few precious dollars. Information I can use indeed.
06:21 PM on 10/31/2011
After spending the last 34 years working in hospital and medical office admissions and billing offices, I know first hand how managed care plans leave the patient's out of the loop. The contracts are between the healthcare providers and medical care providers. My biggest gripe, no one will tell the patient the actual cost of a service, hence, patients often over pay for services. A good example is when the "allowed amount" or sometimes called the "contractual amount" is often less than the plans deductible and sometimes even less than the copay. Additionally, often times, depending on the contract, a patient can get the same service for less at a competitor's facility if the actual patient responsibility was made available. I wish the Obama administration would share these simple facts with the American people. The politicians aganist The ACA spin the benefits of the plan as too costly, when in fact ins companies are raking in millions of $ at the cost of healthcare consumers. What other industry do you buy something and dont know the actual cost? F.U.B.A.R. Somebody needs to explain the simple facts of the plan to the people.
05:09 PM on 10/31/2011
Wow! Great article.
Since most of us are willing to shell out more and more for less and less, I'll bet the insurance companies get their mitts into these 'full disclosure' requirements just fine.

I had a minor procedure done 10 months ago, and I still receive a stream of "corrections" in the form of minute pay-backs and HUGE bills. This leads me to believe that the terms of coverage are too complex and loophole-ridden even for the computers & technocrats to make sense of. The fail-safe for the insurance company must be some legalese fudge-clause that says in effect, "if we are in any doubt about what we agreed to cover, you pay."

And I pay. Because I'm a flippin' Patriot!
This user has chosen to opt out of the Badges program
04:36 PM on 10/31/2011
Health insurance is nothing but a con job and only ignorant naive people actually think it works. My wife and I were turned down by ALL insurance companies, because at our over 50 age and so-called pre-existing conditions (typical meds that 90% of most over 50 year olds take). That's right, in America, you can not get insurance if you have ever previously used it.

For all of you very very naive peo[ple who get their health insurance thru work, if you lose your job and are either unemployed or work as a self employed business person, you will NOT get insurance.

I have offered many of friends the following offer. I will write any of them a $1,000 check if they can find an insurance company who will insure a person on a personal policy, who is taking medication. Not a single person has been able to collect my offer.

Republicans are 100% at fault for ruining my healthcare.
photo
ssnt
Asknotwhatyorcountrycando4uaskwhtucando4yorcountry
06:15 PM on 10/31/2011
There are NO medications that 90% of over age 50 take.
This user has chosen to opt out of the Badges program
photo
04:38 AM on 11/01/2011
Move to Massachusetts!