A newly formed retiree advocacy
group called RISE Delaware has filed a lawsuit to stop the “unilateral
implementation” of a private Medicare Advantage plan that will replace state
retirees’ current health care coverage in Delaware. The plan’s opponents maintain
that it was established by the State Employee Benefits Committee (SEBC) in a
clandestine manner without proper input from stakeholders and without
consideration for a suitable alternative proposed by a separate committee.
Advocates worry about
prior authorization
- Highmark Blue
Cross Blue Shield of Delaware in February was awarded a three-year
contract to serve some 30,000 retired state employees. Highmark
currently contracts with the state to offer a Medicare Supplemental retirement
benefit.
- Beginning Jan.
1, the state intends to offer one Medicare plan option, Highmark’s
Freedom Blue PPO MA plan, with Part D prescription drug coverage
provided through SilverScript.
- According to a slide deck from a
September town hall held by the state and Highmark, the new plan has
been “specifically designed to provide the same coverage as the old
plan” and features added benefits.
- But advocates
are concerned about the “extensive list” of services that can be subject
to prior authorization in MA and worry that retirees will be limited to
a specific network of doctors, unlike with their Medicare Supplemental
coverage.
Lawsuit alleges move could
delay care
- The lawsuit, filed on
Sept. 25 in the Superior Court for the State of Delaware, cites survey
data from the American Medical Association reporting that 93% of
physician-respondents said prior authorization requirements caused
delays in necessary treatment and a recent HHS
Office of Inspector General report indicating
that 75% of MA denials that are appealed get reversed.
- The plaintiffs
also allege that the SEBC did not follow procedures required for an open
government or seek input from the affected parties when deciding to
overhaul retirees’ health care benefits, and that communications to
retirees about the change have been “at best, confusing and
misleading.”
NYC remains committed to
MA transition
- The lawsuit
echoes a similar case in New York City, where Mayor Eric Adams (D) is
reportedly working
out a deal with union representatives to salvage the planned switch
to MA coverage for retired municipal workers.
- The city’s plan
to switch to a private plan managed by Anthem, Inc. was expected to save
up to $600 million annually and begin on April 1. But retirees
petitioned to block the move, and Supreme Court Judge Lyle Frank in
March ruled that the proposal violated city law by requiring retirees
who opted out of the switch to pay $191 per month to maintain their
fee-for-service coverage.
- Elevance
Health, Inc. (formerly Anthem) in July backed out of the deal.
- According to a
report from nonprofit news organization The City in partnership with New
York Focus, union leaders agreed to a proposal from the administration
to jointly request an amendment to city law allowing the city to charge
retirees for their current health care coverage.
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