Contact: Liz Fenton (916) 445-6671
February 23, 2000
Figueroa
Bill Would Close HMO Loophole
Requires HMOs
to notify patients if
gatekeeper doctor is terminated
SACRAMENTO -- Senator Liz Figueroa (D-Fremont)
today continued her
leadership role in HMO reform by introducing
a bill that would close a
key loophole HMOs have used to increase their
profits at the expense
of doctors and patients.
SB 1746 requires HMOs to notify patients whenever
the HMO terminates
the contract of a doctor. While this appears
to be a minor change in
the law, it will have significant consequences
for patients and their
doctors. Under most HMO contracts, patients
are required to have a
"gatekeeper" doctor who controls the patient's
care. HMOs pay the
doctor (or his or her medical group or independent
practice
association (known as an IPA)) a set monthly
fee whether that patient
uses the doctor's services or not. However,
HMOs frequently terminate
contracts with doctors, medical groups or IPAs,
and most patients have
no idea this has occurred until months or even
years later. During
that time, the HMO keeps any dollars they would
have paid to that
patient's doctor, medical group or IPA until
the patient discovers
their doctor is no longer associated with the
HMO.
Figueroa's bill would prohibit this by requiring
HMOs to notify
patients of the termination within 30 days.
If the HMO does not
provide proper notice and the opportunity for
their enrollee to choose
another gatekeeper, the HMO would waive its right
to have a gatekeeper
make referrals to specialists for that patient,
and would also waive
any copayments the patient would otherwise have
to pay for emergency
services.
"HMOs have figured out a way to profit off of
their own decision to
terminate doctors," Figueroa said. "When
an HMO's economic choice
comes at the expense of patients and doctors,
it has to be stopped,
and that's what this bill would do."
SB 1747 is sponsored by the Union of American
Physicians and Dentists.
UAPD's president, Dr. Robert L. Weinmann, was
enthusiastic about the
bill. "Up to now," Dr. Weinmann said, "too
many patients find they
don't have a doctor in the very plan to which
they're paying premiums.
Senator Figueroa's bill corrects this and makes
sure that people get
the information they need."
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Capitol Office:
State Capitol, Room 2057
Sacramento, CA 95814-4906
(916) 445-6671
(916) 327-2433 FAX
District Office:
43271 Mission Blvd.
Fremont, CA 94539
(510) 413-5960 or (408) 286-0329
(510) 413-5965 FAX
E-Mail:
senator.figueroa@sen.ca.gov
Website:
www.sen.ca.gov/figueroa
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