Abdul
Hakim
Al-Warith,
pictured with his wife, Julie E. Rones,
died as he waited for a liver transplant. (Family photo)
By David S.
Hilzenrath
Washington
Post Staff
Writer
Wednesday,
June 24 1998; Page
A01
Diagnosed with
liver cancer, Abdul Hakim Al-Warith of McLean wrote a
polite but worried letter to his HMO in February 1997 asking it to
reverse
its position and approve the potentially life-saving liver transplant
recommended
by specialists at Johns Hopkins University.
"Please contact
me and apprise me of the status of matters, as any further
delay in my treatment will have critical consequences," wrote the
52-year-old
banking consultant and father of five.
One month
later,
Al-Warith again wrote to Kaiser Permanente, his tone
more urgent. The HMO's unresponsiveness "is causing considerable mental
and emotional stress," he said.
In April,
Al-Warith poured his exasperation into a third letter. "[M]y
feeling is that Kaiser is stalling on a decision."
Finally,
in May, Al-Warith appealed to the agency that oversees health
benefits for the families of federal and some District employees. The
agency
took five days to review his case and told the HMO to pay for a
transplant.
But by the time an organ became available, Al-Warith was too sick for
the
operation. He died the next day.
For people who
are already in a vulnerable position, challenging a health
plan's decisions on medical treatment can be a frustrating and lengthy
ordeal, especially because the plan typically has the final say.
Congress
is considering ways to tighten controls on HMOs, and one of the most
contentious
proposals is to guarantee patients the ability to appeal an HMO's
decision
to an independent authority.
| Unlike
Al-Warith,
people with private insurance generally lack that
option. The federal government is working to provide external appeals
for
people in Medicare and Medicaid, the government insurance programs for
the elderly, poor and disabled, and 18 states have required insurers to
provide external appeals that vary in their scope and degree of
independence.
President
Clinton
has proposed establishing an independent appeals process
for all consumers, as a patient's basic right. Some elements
of
the health insurance industry have resisted legislative
mandates, and others say health plans generally do a good job of
handling
consumer grievances. "An appeals
process that works as fast as it needs to is one of the
tenets of our own code of conduct," said Susan Pisano, spokeswoman for
the American Association of Health Plans, a major industry
lobby.
|
Patient
advocates
see it differently. Managed-care companies' procedures
for handling disputes are, for the most part, "a mean-spirited joke,"
complained
A.G. Newmyer III, chairman of the Fair Care Foundation, a patient
advocacy
group in Chevy Chase. "They are structurally designed to take forever,
to be as inconvenient as possible, and to achieve the precise result
that
the insurers want -- that is, to get the policyholders to simply give
up."
Yet, for
patients
"willing to go the distance . . . the insurers very
often cave," Newmyer said.
Kaiser
officials
said they recognized the frustration Al-Warith and
his wife felt but disagreed with the complaint that Kaiser was
unresponsive.
"I think we
were
pretty consistent in our answer, but it wasn't the
answer they wished to have," said Larry Oates, Kaiser's associate
medical
director.
The internal
appeals that health plans offer consumers often reward
perseverance.
One patient who
triumphed was Rosalie Lynn, who contested her HMO's
refusal to pay a $60 podiatric claim.
After being
rebuffed twice by the HMO -- first by the member services
department, then by the medical benefit review committee -- Lynn took
time
off from work as an administrative assistant at the University of
Maryland
in College Park and drove more than an hour to CareFirst headquarters
in
Owings Mills, Md., to plead her case before an appeals panel of HMO
members.
The panel
decided
unanimously in her favor. "It was an easy decision,"
Chairwoman Teri Harrison said.
For $60, "most
people . . . would have gave up," said Lynn's husband,
Charles, who accompanied her to the hearing.
Few consumers
take the formal appeals route. CareFirst and FreeState
Health Plan, an affiliated Blue Cross and Blue Shield HMO, processed
more
than half a million medical claims last year and received only 703
grievances,
said Antoinette Hopkins, director of member services for the two
HMOs.
Though health
plans may explain their grievance procedures in handbooks
sent to enrollees, some consumers say they are not aware of their
rights
or responsibilities when a dispute arises.
Sometimes, what
is presented as a fair outside appeals process can be
far from impartial. That was the California Supreme Court's comment
last
year on an arbitration system Kaiser Permanente has used to resolve
disputes
in that state.
"[T]here is
evidence that Kaiser established a self-administered arbitration
system in which delay for its own benefit and convenience was an
inherent
part," the court said in its opinion.
The court said
the appointment of the neutral arbitrator in Northern
California malpractice disputes took an average of 674 days in the
mid-1980s
instead of the promised 60 days or less and that it took almost 2 1/2
years
on average for a case to reach a hearing.
Kaiser has
taken
steps to improve the arbitration system, and the HMO
wasn't necessarily responsible for the delays, Kaiser Vice President
Pauline
Fox said.
As a member of
Kaiser's HMO in the Washington area, Al-Warith was not
subject to the arbitration system. Told he had about a year to live, he
challenged his health plan internally -- and then pursued the external
appeal available to those covered through the Federal Employees Health
Benefits Program.
Oates, who
coordinated Kaiser's review of Al-Warith's case, said the
HMO was following sound medical judgment throughout the dispute because
Al-Warith's cancer was too advanced for him to receive a new
organ.
In October
1996,
after Al-Warith had been diagnosed with liver disease,
the director of the liver transplant program at the University of
Alabama
at Birmingham studied his test results for Kaiser. Applying the
university's
criteria, the Alabama expert concluded that Al-Warith did not qualify
for
a transplant because his liver had four lesions.
Seeking a
second
opinion, Al-Warith went outside the Kaiser system to
Johns Hopkins Hospital in Baltimore, where by late December doctors had
concluded that he was indeed a valid transplant candidate.
Presented with
the conflicting opinion from Hopkins, Kaiser began reassessing
the issue.
On May 1, more
than 10 weeks after Al-Warith began his anxious correspondence,
Oates sent his first written response.
"Our process at
present is to continue to review his [Al-Warith's] care
requirements and re-evaluate our decision as necessary. We have not
denied
his right to pursue care outside of our system," Oates wrote to the
patient's
lawyer.
In late April
and
early May, the HMO got the results of an analysis
it had sought from an outside "ombudsman" group. One cancer specialist
concluded that a transplant offered "the best hope" of extending
Al-Warith's
life, Oates said. Another gave "a qualified yes" to the question of
whether
a transplant "might be beneficial," Oates said.
Even with the
operation, neither consultant gave Al-Warith more than
a 20 percent chance of surviving for five years, Oates said.
With his health
-- and his odds of recovery from surgery -- deteriorating,
Al-Warith appealed to the U.S. Office of Personnel Management. Covered
by his wife's government health benefits, he was able to turn to a
higher
authority in a way that commercially insured patients generally cannot.
Even so, this appeal wasn't as independent as some patient advocates
consider
necessary, because, like other employers, the OPM could face rising
costs
if it ordered more care.
It took the
federal agency less than a week to respond. Kaiser "re-evaluated
the claim and determined that a liver transplant is appropriate for
your
medical condition," the OPM informed Al-Warith on May 14. When doubts
arose
about Kaiser's intentions, the OPM on May 20 formally ordered the HMO
to
pay.
By the time
Al-Warith was hospitalized at Hopkins on May 25, 1997, his
illness was too severe for doctors there to perform a transplant.
Kaiser
flew Al-Warith to the UCLA Medical Center in Los Angeles, where he died
on July 2.
Al-Warith's
insurance struggle continued. Even after his death, a collection
agency sent him notices this year for unpaid physician bills. In
addition,
Hopkins was still owed $18,477.98 as of last week for Al-Warith's
hospital
stay, according to an account statement, and UCLA was owed more than
$100,000,
according to lawyer Jacqueline Fox, who represented
Al-Warith.
Kaiser was
waiting for an itemized bill from Hopkins and will pay for
all the care, a spokeswoman said.
Whether earlier
transplant surgery would have saved Al-Warith's life
can't be known. "I think that's a possibility," Oates said.
But Kaiser had
to
weigh the odds, because there aren't enough organs
for everyone who might benefit, Oates said. Transplant eligibility
criteria
vary from hospital to hospital, he noted.
Al-Warith's
widow, D.C. government lawyer Julie E. Rones, said one lesson
of this saga is that any external appeals process "needs to have teeth"
-- the ability to enforce its decisions.
The Office of
Personnel Management has the power to drop health plans
from its program, a potentially disruptive step, but OPM officials said
it has no lesser means of penalizing health plans.
For his part,
Kaiser's Oates supports the concept of an independent
review.
"In the
majority
of cases, it'll support our decision-making processes.
And, where it does not . . . it's going to give us an opportunity to
learn,"
Oates said.
Staff
researcher
Richard Drezen contributed to this report.
©
Copyright 1998 The Washington Post Company
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