Thursday, April 21, 2011

Do I need to hire a lawyer to fight against health insurance company for denied claims?

I am having problem with my health insurance company who denied coverage. There is $50,000 outstanding balance, which supposed to be covered, but were denied, because of I am also listed under my husband's health insurance. The claims were re-routed to both insurances.... and I haven't contacted the State agency (Dept of Insurance?) yet. On the State agency's web site, it saying "If you have an attorney representing you in this matter or if there is a lawsuit currently ongoing or pending, our ability to mediate this matter is limited, but we will investigate your inquiry for any regulatory issues. However, if a lawsuit is pending, we may defer the regulatory investigation until the finality of the litigation. We ask that you still complete this form so we have a record of your issue." The original service was rendered 6 month ago... and I am losing time. Shoud I file a complaints to State agency first, and wait for what they are come up with? OR hire an attorney now?
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Well, what's the TIME FRAME? Will they honor claims filed within 180 days, or 365? I'd be VERY inclined to do the insurance department first - an attorney is going to cost you money up front, and they're not likely to be able to DO anything for you. I'd ALSO be inclined to gather up all the paperwork, INCLUDING COPIES OF BOTH POLICIES, and truck it down to have a meeting with your homeowners insurance agent, and get THEIR opinion - free of charge. Your policy would be primary. Depending on WHY your policy declined to cover, then your husband's should be secondary, covering you. So, the declination from the primary carrier should trigger coverage from the secondary, unless we're talking about an uncovered procedure here (like cosmetic surgery). You need to have both claim EOB's, and both declination letters, to send to the insurance department. Now, they're usually pretty fast, you'll likely have a response within two weeks. And normally, the "180 days" retriggers from the date the claim was denied, so that should buy you a little more time.
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