Caitlin and Corey Gaffer know they made a mistake.
Anyone could have done the same thing, the Minneapolis couple says. Still, they can鈥檛 believe it cost them their health insurance coverage just as Caitlin was in the middle of pregnancy with their first child.
鈥淚 was like 鈥榃hat?鈥 There鈥檚 no way that鈥檚 possible,鈥 said Caitlin, 31, of her reaction to the letter she opened in early October telling them the coverage they had for nearly two years had been canceled. It cited nonpayment of their premium as the reason.
Except they had paid the bill, they thought.
The Gaffers鈥 snafu 鈥 and their marathon battle to correct the error with insurer HealthPartners 鈥 is featured in the podcast 鈥,鈥 which launches its second season this week and is co-produced by Kaiser Health News.
Like the Gaffers, tens of thousands of Americans each year 鈥 exact counts aren鈥檛 available 鈥 are dropped by their insurers over payment issues, sometimes with little or no prior warning from their insurers.
The question is: Can insurers cancel people with little or no notice? The answer is yes ... and no. Like so many issues in American health care, it is surprisingly complicated.
This is one problem the Affordable Care Act was designed to fix. Certainly, safeguards were put in place. Insurers can鈥檛 cancel people when they fall ill, for example. But the protections for being dropped for a missed payment are uneven. Consumers who get an ACA subsidy have more protection than those who don鈥檛.
The Gaffers didn鈥檛 qualify for a subsidy. So they were subject to state law. Minnesota鈥檚 law requires insurers to provide at least 30 days鈥 notice before canceling, said Scott Smith, spokesman for the state Department of Health, which regulates HMOs. However, an administrative rule that requirement.
The Gaffers didn鈥檛 get a notice, they say. Their efforts to correct their error were stymied until Dan Weissmann, creator and host of 鈥淎n Arm and A Leg,鈥 started making inquiries about their case.
Misfired Payments
The problem for the Gaffers started in early September. They changed checking accounts and had to set up all new online payments. When they made their monthly $730 health insurance premium payment, they mistakenly sent it to a hospital owned by HealthPartners rather than the health plan itself. The hospital didn鈥檛 let the health plan know it had a payment from the Gaffers. Compounding the problem, the couple sent their October payment a couple of weeks later to the correct place but had insufficient funds to cover the amount.
The Gaffers got a letter from HealthPartners dated Oct. 8 canceling coverage back to mid-September. Caitlin was six months pregnant.
鈥淚t was a busy time in our life,鈥 said Corey, 32, who runs an architectural photography studio. 鈥淲e made these two little mistakes, but were never given any notice that we were making mistakes until after the fact.鈥
Why didn鈥檛 the hospital and health plan communicate about the misdirected payment? After all, they are part of the same system and that could have avoided the problem altogether.
HealthPartners spokeswoman Rebecca Johnson said its hospitals are supposed to notify the health plan if they receive premium payments in error, but said that 鈥渆ven though we have this process, we are not always notified of this or not notified in a timely fashion.鈥
As far as a past-due notice to the Gaffers, Johnson said HealthPartners鈥 policy at the time was to include information on monthly statements about outstanding balances.
That, however, is different from getting a warning that 鈥測ou will be canceled as of this date,鈥 said JoAnn Volk, a research professor at the Georgetown University Center on Health Insurance Reforms.
Still, the Gaffers鈥 story does have a happy ending 鈥 including an apology and some new notification practices by HealthPartners 鈥 but not before they racked up lots of stress and nearly $30,000 in medical bills incurred while Caitlin was uninsured briefly during her complicated pregnancy.
Same Insurance, Different Rules
The ACA bars insurers from retroactively canceling policies if consumers fall ill or discover they are pregnant 鈥攖hings that could have occurred in most states before the federal law passed.
But it does allow allows cancellations for two reasons: false information on an application or failure to pay premiums.
Those who qualify for a tax credit 鈥 because they earn less than 400% of the federal poverty level, or roughly $50,000 for an individual 鈥 get a 90-day grace period after missing a payment. Also, the law requires insurers to notify those policyholders that they have fallen behind and face cancellation. If payment is made in full before the end of the 90-day grace period, they are reinstated. If not, they鈥檙e canceled and medical costs incurred in the second and third months of the grace period fall on the consumer.
This policy keeps federal subsidy dollars flowing to insurers during the grace period, even if a consumer has a financial wobble.
It鈥檚 different for people like the Gaffers, however, who make too much for a subsidy. They are subject to state laws and can be dropped much more abruptly.
Most states have a 30-day grace period to make a payment after the premium is due, said Tara Straw, a senior policy analyst at the Center on Budget and Policy Priorities. But how much prior notice insurers must give before canceling 鈥 if any 鈥 varies by state.
鈥淚n most states, plans would balk at also having to send a notice of delinquent premium,鈥 said Straw. 鈥淏ut notice is important for consumers so they can correct the situation and make the payment, especially in a case like this where they made an honest mistake.鈥
It鈥檚 a policy that harks back to a time before the ACA when individual consumers could be dropped for almost any reason. It isn鈥檛 clear why the Gaffers received no notice.
Spokeswoman Johnson, when asked about the state requirement, wrote: 鈥淢embers are notified of any outstanding balance on their monthly premium statements. They have a 30-day grace period.鈥
HealthPartners told the state鈥檚 insurance exchange as part of an inquiry into the Gaffer鈥檚 case, that 鈥渁s far as past-due notices go, we do not send letters for members that do not have [a subsidy],鈥 an appeals document shows.
Following the attention on the Gaffer鈥檚 plight, HealthPartners has a new policy, rolled out in March and April for customers who don鈥檛 get subsidies: Those who fall behind will get a late notice around the 15th of the month, said spokeswoman Johnson.
That might have helped the Gaffers, but it is still far less time than the 90-day window the insurer must give by law to anyone who bought the same insurance plan but got a subsidy.
An Apology
As for the Gaffers, who scrambled for months trying to get coverage and went uninsured for a while, there鈥檚 good news.
First, they got new coverage from a different insurer before they welcomed baby Maggie, born without a hitch and healthy in late January.
Months later, after fielding questions from 鈥淎n Arm and a Leg,鈥 HealthPartners called the Gaffers: It wanted to reinstate them 鈥 and cover the outstanding medical bills racked up during their time uninsured.
鈥淲e鈥檝e apologized to the family, reinstated their coverage and view this situation as an opportunity where we can do better,鈥 spokeswoman Johnson said in an email.
The Gaffers have learned a lot in the process.
鈥淏eing an advocate for yourself is such a huge thing,鈥 said Corey.
He鈥檚 glad HealthPartners has now said it will send warnings to consumers who fall behind on payments.
Oh, and just to be sure, the couple鈥檚 premiums are now on 鈥渁uto pay鈥 and 鈥渨e have like eight calendar reminders set up,鈥 Caitlin said. 鈥淭oday it popped up three times: 鈥楳ake sure insurance is paid.鈥欌
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