Nefarious Behavior?

jennapr9

New member
I got married 10/30/22 and joined my wife’s health insurance effective that day. The plan was called United Healthcare Choice Plus, and a major reason I wanted to get on her health insurance is because I have a rare neurological condition called Superior Canal Dehiscence Syndrome which essentially requires inner ear/brain surgery. I’ve been seeing doctors at UCLA where I live in Los Angeles for the last year because not only are they fantastic, but they’re in network on my wife’s plan. I had my brain surgery scheduled back on 3/15/23 and saw the second surgeon on 4/26/23. (Two surgeons will be performing this procedure) - I went into my Pre-Op doctors appointment recently on 7/20/23. Afterwards, I saw something on United Healthcare’s portal about this doctor being out of network, but I thought to myself, that couldn’t be, I verified that all my doctors and surgeons were in network months ago. Well, here’s where the “This is America” song starts. Apparently after hours on the phone and doing a whole bunch of research myself, I found out that United Healthcare changed the policy and did not notify a single person. Not only did they not notify the benefit’s administrator, Gusto (based in San Francisco), but they apparently didn’t seem to notify a single person in my wife’s company. I have verified with Gusto that my wife’s employer chose the same health plans in 2020, 2021, 2022 with nothing to be changed. From what I’m to understand, is that United Healthcare changed the policy all the way back on 8/1/22, but the changes would not implement until each employee’s deductible reset per their hire date. My wife’s hire date was 6/1/21 which means that on 6/1/23, the deductible reset (which was my intention, as I wanted to pay into it as it reset, so the insurance would kick in after the $7500 deductible I would easily meet with brain surgery, labs, scans, etc.) However, when it reset on 6/1/23, it also changed my wife’s policy from United Healthcare Choice Plus to United Healthcare Core Network. There was no correspondence about this change. Not only that, but I was able to go to pre-op authorization appointment on 7/20/23 for the surgery (scheduled 8/11/23 ((which has inevitably been pushed back)) without any troubles. They didn’t seem to even recognize my policy had changed in the office. I called United Healthcare later that day because I received a letter in the mail claiming one of my CT’s for my brain mapping was denied because I was out of network. This didn’t make any sense to me, but that’s because I wouldn’t know, no one from United Healthcare’s Group Services sent correspondence to Gusto, the benefit’s administrator, that a policy change was coming down the line. I contacted Gusto over the week and they confirmed with me that they have absolutely zero correspondence from United Healthcare that a policy change was going to take place in the last 2 calendar years. I have spent several hours on the phone with supervisors from United Healthcare that cannot confirm or deny any correspondence was sent to the benefits administrator. The benefits administrator, Gusto, seems to be scared of me every time I contact them asking what recourse is for a health insurance company failing to notify them about a policy change. They keep telling me they need to dig deeper and they’ll be in contact with me, but I’ve found myself in the Spider-Man meme with UHC & Gusto simply pointing fingers at each other without any digging. So, as of 6/1/23, my surgeons and doctors at UCLA are now out of network overnight and the financial clearance administrator at UCLA has been helping me fill out Continuity of Care forms and OTA forms as well to have the surgery approved under a one time exception given that I in fact WAS under these surgeons care as well as in network all the way up until 6/1/23. My wife’s boss is livid and mortified by this experience, as I can tell he prides himself on being exceptionally professional and has written a few scathing emails to UHC and Gusto claiming that UHC is engaging in nefarious behavior given that I was not only never notified that doctors and surgeons would be out of network, but that I had to spend 3 hours on the phone just to find out that these change’s implemented, and even they had a hard time understanding what happened because they saw the previous claims with these same surgeons as in network prior to 6/1/23.

So, what can I do? Not only have I spent 3 years with this awful condition, but I’ve spent 1.5 years of that getting it properly diagnosed and making sure I get the correct procedure as 90% of general practitioners have never even heard of this neurological disorder. I can’t even tell you how many times I’ve sat in an ENT’s office while they literally Google Superior Canal Dehiscence Syndrome in front of me and then recommend something like a myringotamy, which would absolutely not fix my issues and would undoubtedly make my life a living hell.

So, any advice on what more I can do? This does all seem slightly nefarious as my wife’s boss described, because there is absolutely zero correspondence about these policy changes. Not a letter, an email, a phone conversation, nothing. United Healthcare effectively changed the policy overnight on 6/1/23, and now every doctor in the UCLA network is out of network and I had the pleasure of finding all this out less than 30 days from my brain surgery (8/11/23) that was scheduled back on 3/15/23 while I was in network.

Not only does this seem like an egregious oversight, but it feels extremely negligent. I believe Gusto and that they never received correspondence, but between Gusto and UHC, it appears their only defense is to point the finger at each other until I get tired of accusing each party of negligent or borderline nefarious behavior.

Any advice is appreciated.
 
@jennapr9 Employers commonly change plans upon renewal. Either your employer intended to change plans or it did not. If it did not, then they, not you, need to talk to their benefits administrator and get it fixed.

If they did intend to change, then you’ve got an issue with your employer not notifying you. They likely did prove legally sufficient notice…you just didn’t read it. Regardless, they have the ability to change plans to a narrower network, and all you can do is file a continuity of care appeal.
 
@ngocvncom I believe your last sentence is what occurred. It’s not my employer, it is my wife’s employer, so I would have zero correspondence with anyone. My wife’s employer has stated that he intended every plan to stay the same and has deliberately requested the plan stay the same year after year, so the only part that makes sense would be them changing the policy to a narrower plan and the financial clearance advisor states that she has zero issue filing these forms on my behalf and stated that she will appeal it all the way up to the states insurance commissioner if necessary.

I can understand changing a policy, but I feel like sending the benefits administrator correspondence is the least that can be done so they can notify the employees. I would have been happy to have received this information prior to 6/1/23 so I would have time to do something about it, but not notifying the plan administrator so they can notify employees just pushes it from negligence conduct into nefarious. It feels like entrapment because unless someone notified me I couldn’t keep going to UCLA doctors/surgeons, like everyone, I would continue to go.

I appreciate your input.
 
@jennapr9 Did your wife have to complete enrollment forms for her policy year beginning 6/1/23 ? I have to renroll every year and I'm sure most plans have the same requirements. This was likely communicated through email. As BBee mentioned, either the employer requested the change, or they didn't, and unfortunately, you are in the middle because it directly affected your specialized care. When plans change and providers go out of network, it does literally happen overnight. Either way, this is something that the employer should handle while you are working on COC. I do find it odd that her employer is furious but doesn't immediately look into the issue

ETA: I went back and read your post a couple of times and saw that the boss has emailed back and forth. Im thinking this was probably communicated before the August 22 change. Maybe they thought it was just a name change and wouldn't have an impact on the provider network. Who knows what could have happened..either way, I wish you luck with everything coming down the line !
 
@beepete Oddly enough, her boss told the benefits administrator that he didn’t want anything to change. He wanted the plans to stay the same every year and they were under the impression nothing HAD changed because Group Services at United Healthcare never reached out to them regarding a change in policy when the benefits apparently changed 8/1/22. (The benefits changed, but wouldn’t implement until my wife’s deductible reset, so that’s why I was in network all the way until 6/1/23) - As far as the CEO is concerned, nothing should be different this year from last all the way back to 2020. This is a very small company, my wife being only 1 of 7 employees. I’ve had lengthy correspondence with her boss and he has assured me that the health benefits administrator, a company named Gusto never once contacted him about a policy or network change in the last year and when choosing a plan during re-enrollment phase, was never informed of a policy or network change in any way shape or form. He’s also asking United Healthcare for the correspondence they sent him or Gusto regarding a policy or network change and United Healthcare has no digital footprint proving they sent correspondence about this network/policy change which affects not just me but also my wife who also has doctors within the UCLA network. She’s finding out through my brain surgery that all her doctors are no longer in network as well. So, I’ve confirmed (personally) with Gusto, the health benefits administrator, that no correspondence was sent to them by United Healthcare anytime in the last two years that the policy or network was subject to change. They have claims from UCLA of me attending these doctors while in network which is why my wife’s boss jumped to outwardly accusing them of nefarious behavior since he stated to them that everything was to stay the same and if it were going to change, it would have absolutely affected their re-enrollment process as a company. As of right now it appears that United Healthcare has engaged in questionable business practices as they changed a network, never notified the health benefits administrator who therefor could not notify the company because they were under the assumption nothing had changed and had no reason to notify the CEO. So, it appears that United Healthcare is the one who essentially dropped the ball and since I’m just a member, I cannot talk to group services with UHC, so the only one they’ll speak with is the CEO or the benefit’s administrator, Gusto. Although I understand there is sensitive information, I just find it frustrating that I cannot speak to the department that dropped the ball. I have filed the COC forms and of course my neurosurgeon will probably have to get into a peer to peer review conversation with someone who has never even heard of my neurological condition to begin with. If they deny the COC, the clearance administrator for UCLA says she has no problem with sending it all the way up to the state of California’s insurance commissioner, it’s just pushing things back I had scheduled for 8 months already, and I had to pull teeth to find all this out. It’s been nothing short of a nightmare.

That being said, I appreciate your feedback on the situation.
 
@kriss I appreciate your response and honestly, it tracks, specifically because Gusto seems to come across as apprehensive every time I call them to see what they’re doing to get to the bottom of what happened with the policy change.

My wife claims she wasn’t sent anything at all, as it’s her employer. This company is VERY small, only 7 employees. She doesn’t have options when re-enrollment comes around as there is only one plan to choose from, so the CEO/Owner chooses it. From what I’ve been told, her boss was offered a survey questionnaire by the broker, Gusto, last year, which essentially asked him if he wanted everything to stay the same as 2022 and 2021. He agreed, and the benefits summary was emailed to him which showed everything to be the same from the year before.

If Gusto was in fact sent something by United Healthcare, they are lying, because they have claimed absolutely zero correspondence has been made by United Healthcare.

I’m sure I’ll get some answers soon, but it sounds like what you’re positing is that the broker, Gusto most likely received information and most likely was informed by United Healthcare, but is not going to clearly admit fault, which is why I assume you’re recommending filing with EBSA, which I assume is the Dept. of Labor. as well as the California Dept. of Insurance. Sorry, I’m not as privy to some of these agencies as others, but thank you for taking the time to respond, this was very constructive feedback. Much appreciated.
 
@jennapr9 If the policy changed as you described the employer should have known, and the benefits broker, I believe Gusto in this case, most definitely knew. This plan change was likely somehow communicated to your wife, but likely got lost in the shuffle or was unclear, or just happened automatically on 6/1/2023, like an auto renewal onto this new plan.

While the employer should have communicated this, ultimately, in my opinion, it is the responsibility of the broker to make sure people understand their benefits, after all, they're likely making ~$50 pmpm on the plan, not including bonuses from UHC.

I'd recommend teaming up with your employer to challenge Gusto, and ask the employer if they can help you file a complaint with the State DOI or EBSA about Gusto (or the specific broker).

Best of luck with your health and finances.
 
@jennapr9 Yes, if no one is willing to admit fault, then I would escalate to California DOI. EBSA is the employee benefits security administration, although I don't know how much help they'd be given their size. California State DOI controls the brokers ability to earn commissions, so they'll listen to them.
 
@kriss So the broker (Gusto) got back to us and basically told my wife that United Healthcare can change the policy or network at any time they like and they do not have to notify the benefits administrator, the CEO or anyone for that matter. We sent back that we were disappointed in this outcome and that we’ll be contacting EBSA as well as the California DOI, but I’m not sure if that’s much of a threat and so far I think their plan is basically just to tell me tough shit, we and UHC can do whatever we want.
 
@jennapr9 While United can change their provider contracts at anytime, meaning which doctors and facilities are in a given network, I'm positive they can't change the plan or policy that an employer group is on.

So if the employer was on the same plan (and network) the entire time, it would be possible that UCLA and UHC did not renew their contract for that network.

But if the employer plan changed and the network changed, that should have been communicated to all employees in various ways, specifically through your wife's enrollment and the Summary of Benefits and Coverage.
 
@kriss Well, we were on United Health Care Choice Plus. That was the name of the plan. Overnight it was changed to United Healthcare Core Network, so they changed the network overnight putting my in network brain surgeon effectively out of network and never notifying me. They denied my COC (continuity of care) for the surgery just the other day, so my only option is to appeal.
 
@jennapr9 This is becoming the norm especially with the 3rd party (TPA) administrators. Because it seems like they always kick it back on the employer by I've seen SEVERAL of these situations where the employer is FURIOUS and DESPERATE to help their employees and they always say their hands are tied. I've been in the same situation for 2 years with a surgery I desperately need to be performed at the HOSPITAL I WORK AT. My employer tried bc it's revenue for them and they just pay games it's just gridlock
 

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