From: "Ellis \"Don\" Penny" <[log in to unmask]> Subject: Health insurance paying for surg > Lee Swan is curious about getting insurance to pay for pallidotomy. > Curt Fried, M.D., in a lecture on the fetal cell transplant program at >the University of Colorado, said that the threat of legal action was the >surest and quickest way to get the insuror's attention and action. > Individual mileage may vary. Based on my knowledge of organizational behavior in bureaucracies*, I agree with this. Bureaucrats and administrators don't want trouble. They often take the path of least resistance. In this case, they think they can save some money by refusing to pay for a patient's medical treatment, by calling the treatment "experimental." If the patient accepts this answer, they've saved some money. However, they don't want a lawsuit, which they may lose, and the collateral damage that goes along with it even if they "win." ("Collateral damage" is a military term that means destroying things you don't want to destroy in the process of fighting the enemy. However, it applies in medicine; a surgical incision is unavoidable collateral damage. Here, the collateral damage is the negative publicity for the insurer. If I started a lawsuit against them, my personal inclination would be to make it as public as possible.) From the bureaucrat's viewpoint, exposing his or her employer to this scenario is bad for career advancement (or even job retention) prospects- so the bureaucrat may feel an inclination to be flexible. Similarly, going to the press, AARP (if the insurer offers policies to retirees), and so on may be effective; again, the insurance company doesn't want to be the center of a public controversy. In my personal experience, I found that threatening to complain to the state insurance commission was effective for getting action from a recalcitrant auto insurance company. The state insurance commission regulates all insurance companies that do business in the state. -Bill Levinson * I am not a lawyer, and none of this is legal advice. I suggest consulting a lawyer before acting on these suggestions.