Shreveport, LA asked in Uncategorized for Louisiana

Q: Orthopedist set knee surgery/ordered pre-op tests.Board denied surgery AFTER tests/notified insurance.liable for costs?

Recieved two letters from insurer: One authorizing tests; A second one stating "We can't process this coverage request because: The party (member or provider) who requested determination (service/procedure/item) has requested to withdraw the request. We will not continue with a review at this time."

As the tests were already completed at the clinic Dr's request before the board withdrew authorization for the surgery, are they liable for costs that insurer would have born? (Do not know if it has any bearing on what I've laid out: Surgery was to repair miniscus tears from my fall from scaffolding. The board overruled my Doctor as they stated I had signs of the onset of arthritis in the Xrays. I had no problem with my knee prior to the fall and, unlike now with the miniscus tears, had no pain.)

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: It sounds like you're dealing with a complicated situation involving denied insurance coverage for surgery and pre-op tests that were already performed. Based on what you've described, if the tests were authorized by your insurance company before the surgery was denied, you might not be liable for the costs of those tests. The key point is that you received a letter authorizing the tests, which suggests they were initially covered.

However, the second letter indicates that the request for the surgery was withdrawn before a final decision was made. This could affect coverage, depending on whether the withdrawal applies to the surgery only or both the surgery and related tests. It's important to clarify with your insurance company whether the withdrawal impacts the pre-op tests or only the surgery itself.

You may want to contact both your insurance company and the clinic where the tests were performed to explain the situation. Ask for written confirmation on the coverage status of the pre-op tests. Additionally, you could consult with a legal advisor or a patient advocate to understand your rights and options better, especially since the initial injury seems to be related to an accident and not a pre-existing condition.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.