Judge bitchslaps health insurer for dropping 17 year old boy for being HIV positive

[w¡n9Nµ7 §£@¥€r 123]

South Carolina insurance litigation lawyers continue to celebrate the South Carolina Supreme Court’s decision to uphold a multimillion dollar verdict they recovered for a teenager who suffered from Fortis Insurance Company’s “highly reprehensible” business practices. According to TheSunNews, Fortis Insurance Company appealed a previous $15 million punitive damages jury verdict awarded to Mitchell after hearing the court case of Fortis’ incorrect denial of health care coverage after the plaintiff was diagnosed with HIV in April 2002.

...

According to court documents, Mitchell received health care coverage by Fortis, now operating as Assurant Health, in May 2001. At the time Mitchell was 17 year’s old and attending school. Mitchell discovered he was HIV positive in April 2002 when he attempted to donate blood through the Red Cross. He sought confirmation and of his grave medical diagnosis through his personal physician and began treatment as covered under his medical insurance policy through Fortis.

To Mitchell’s shock, the insurance company denied his medical claims and dropped him as a patient citing he failed to inform the insurance carrier of his HIV diagnosis in May 2001. Fortis referred to a documentation error made by a nurse in his chart that stated his HIV blood test was positive in 2001 instead of 2002, a simple mistake. Mitchell appealed the insurance companies decision to a committee who refused to accept the documentation error.

...

The Gazette revealed the attorney contacted the health care provider, furnished a copy of the original HIV blood test with the correct date. A second committee review by Fortis upheld the original drop in coverage decision and Mitchell was left with no health insurance coverage for 20 months.

http://www.newyorkinjurynews.com/2009/09/2...0909251084.html

[mawilson 2,133]

I've always wondered -

Is it a pre-existing condition if you didn't know you had it when you purchased insurance?

Or is it something that existed before you obtained health insurance, whether you knew about it or not?

[Amby 490]

I've always wondered -

Is it a pre-existing condition if you didn't know you had it when you purchased insurance?

Or is it something that existed before you obtained health insurance, whether you knew about it or not?

it's pre-existing if you know you have it and you've been treated for it before. insurance companies send things to your doctor to fill out asking when they first saw you for whatever they saw you for at that visit.

[Danno 1,228]

Just as I have said all along.

Most of these cases are covered under contract law.

I would like to see the Health insurance regulated in such a way that people understand "more clearly" what their coverage consists of and what it doesn't cover.

I would bet most people would fail a basic test as to what their policy includes.

We pick the "cheaper" plan or the one with the lowest co-pays and then assume we are still have premium coverage.

[mawilson 2,133]

it's pre-existing if you know you have it and you've been treated for it before. insurance companies send things to your doctor to fill out asking when they first saw you for whatever they saw you for at that visit.

So if you suspect you have a life-threatening condition, it's a good idea to buy

the best insurance policy you can find before it's properly diagnosed?

[Amby 490]

it's pre-existing if you know you have it and you've been treated for it before. insurance companies send things to your doctor to fill out asking when they first saw you for whatever they saw you for at that visit.

So if you suspect you have a life-threatening condition, it's a good idea to buy

the best insurance policy you can find before it's properly diagnosed?

exactly

[natty bumppo 297]

it's pre-existing if you know you have it and you've been treated for it before. insurance companies send things to your doctor to fill out asking when they first saw you for whatever they saw you for at that visit.

So if you suspect you have a life-threatening condition, it's a good idea to buy

the best insurance policy you can find before it's properly diagnosed?

exactly

this PSA was brought to you by maamby, inc. ...

[Nagishkaw 510]

this PSA was brought to you by maamby, inc. ...

[natty bumppo 297]

this PSA was brought to you by maamby, inc. ...

mawilson & Amby (smashed together to make a unique name ... )

[Mags 112]

it's pre-existing if you know you have it and you've been treated for it before. insurance companies send things to your doctor to fill out asking when they first saw you for whatever they saw you for at that visit.

So if you suspect you have a life-threatening condition, it's a good idea to buy

the best insurance policy you can find before it's properly diagnosed?

exactly

I'll admit, I've thought about this a lot. Say you find a lump somewhere. Buy insurance, wait the requisite 6 weeks (or whatever) and then go in saying "hey doc, I've found this lump in my thigh" what d'ya reckon it is?

I know the waiting time is something I'd risk.

[Usui Takumi 1,562]

I thought it could also be if if the condition existed without you knowing? A good example would be pregnancy. I've heard a person can be denied if they determine that conception occurred prior to full coverage date even if it was within days?

[Usui Takumi 1,562]

I thought it could also be if if the condition existed without you knowing? A good example would be pregnancy. I've heard a person can be denied if they determine that conception occurred prior to full coverage date even if it was within days?

Found the answer to my question - pregnancy is not a pre existing condition

[dalegg 143]

When my exwife was pregnant with our first baby, we weren't married and she didn't have health insurance. We didn't get married until she was like 4 months prego and she was about 5 months- clearly showing before she first visited a doctor. Even though she was definitely pregnant before getting insured, they didn't slap us with a pre-existing condition because she hadn't gone to a physician to get diagnosed. We only used a home pregnancy test.

[PlatyPius 5]

I've always wondered -

Is it a pre-existing condition if you didn't know you had it when you purchased insurance?

Or is it something that existed before you obtained health insurance, whether you knew about it or not?

it's pre-existing if you know you have it and you've been treated for it before. insurance companies send things to your doctor to fill out asking when they first saw you for whatever they saw you for at that visit.

Then no one is covered. The insurance companies have a lucrative business. Everyone is dying. Aging is a pre-existing condition....

[natty bumppo 297]

I've always wondered -

Is it a pre-existing condition if you didn't know you had it when you purchased insurance?

Or is it something that existed before you obtained health insurance, whether you knew about it or not?

it's pre-existing if you know you have it and you've been treated for it before. insurance companies send things to your doctor to fill out asking when they first saw you for whatever they saw you for at that visit.

Then no one is covered. The insurance companies have a lucrative business. Everyone is dying. Aging dieing is a pre-existing condition....

fixored ...