Money Matters - Sensible Financing Options

May 9, 2006 - Tuesday
7:45 PM to (EST)
Guest Speakers: Daniel Becker, Esq.

Categories
Insurance

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Daniel_Becker_Esq.	Hi Ryan - do you have a legal question??
ryan	no not really, I was just intrigued by the title of the session. Why should I have a lawyer on the team?
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Daniel_Becker_Esq.	From a general point of view - whenever you are asked (or told) to sign your name to some kind of document you would want a lawyer to review with you what you were signing to make sure that you understood what you were signing, or to make sure you were not giving up on a right that you thought you had.....
Daniel_Becker_Esq.	I like to tell my clients, that hiring an attorney is like buying an insurance policy - to cover the what ifs!
Daniel_Becker_Esq.	Also an attorney that specializes in this area of the law can advise you on other areas that you may want to consider like making sure you have an up to date WILL or that you have sufficient insurance coverage....
ryan	ok, I can understand that. How about an interesting question. Do you think there is a fundamental legal basis to require providers to provide comprehensive reproductive care? I know the answer is probably not, but I also know that when my wife and I were going through treatment, I remember thinking it was the most unfair thing I had ever experienced that this health problem that was so central to our lives was dismissed as some kind of elective procedure by our HMO.
Daniel_Becker_Esq.	Well that is certainly a very interesting question and a very complicated answer
Daniel_Becker_Esq.	There are several parts to the equation
Daniel_Becker_Esq.	First, comes the issue of diagnosis vs. treatment.
Daniel_Becker_Esq.	I think most HMO's would find it hard to argue respecting the first part of issue one.
Daniel_Becker_Esq.	I know that in the past some tried to argue that the American with Disabilities Act (ADA) should apply to infertility because what could be more fundamental to the "activities of daily living" then to procreate? However, the courts were not so generous in that interpretation.
Daniel_Becker_Esq.	Most of the problem stems from administrators not understanding medicine and trying to make medical policy that is counter to common sense.
Daniel_Becker_Esq.	However, on the flip side, health insurance via a HMO is a contract for services, so they argue, that it is simply not part of a contracted service.
Daniel_Becker_Esq.	Hi welcome to tonights chat
Daniel_Becker_Esq.	It's just you and me again ::rolleyes
ryan	Thanks for the insight. I guess it boils down to the truism that if you've been through it, you have a sympathetic ear and if you haven't been through it, you don't understand what the big deal is. That's true if you are a judge or a state legislator, or a health plan administrator. I know it was true with me before I went through it.
ryan	are you aware of any moves afoot in states where coverage is currently not required, to mandate coverage?
Daniel_Becker_Esq.	You would have to be a bit more specific
ryan	Are there any states that are likely to be added to the small list of states mandating coverage, within the next year?
Daniel_Becker_Esq.	I will give you my email so that you can write to me - I would have to check on that
Daniel_Becker_Esq.	You can reach me at Daniel@DanielBecker.com
Daniel_Becker_Esq.	Despite the fact that the cost spread over is the that great, there is alot of reluctance to have forced mandates, especially in conservative states
Daniel_Becker_Esq.	I always thought that once the costs were quantifiable it would make the decision easier but there are also political and religious issues that go tandum with this discussion.
Daniel_Becker_Esq.	How long ago did you go through the process?
ryan	2 to 3 years ago, we went through a few cycles and eventually succeeded. I don't recall any complicated legal issues, but I remember wanting to irrationally sue my HMO for ignoring my request for coverage.
Daniel_Becker_Esq.	Many times what seems so simple is the most complicated thing? For example, you do IFV at a center and you have left over pre-embryos and you want to save them - can you take them or have the center send it some place of your choosing???
Daniel_Becker_Esq.	The answer is not always yes
Daniel_Becker_Esq.	When you signed consents, who were they intended to protect?
ryan	Well, they were probably mostly intented to protect the clinic from certain liabilities, but I didn't see alot of options for not signing and still getting the treatment we needed.
Daniel_Becker_Esq.	Well believe it or not that is a choice
Daniel_Becker_Esq.	The real question is did they explain to you what you were signing and who they were trying to protect??
ryan	Thanks for your time Dan. We're not in treatment right now and I don't have many interesting legal questions (consider myself lucky), so I'm going to sign off now.
Daniel_Becker_Esq.	Good Luck to you
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