SACRAMENTO, Calif. — State Sen. Ed Hernandez and his wife, Diane, are optometrists.
Diane handles some insurance matters for their practice, and she recently told him that a health plan had emailed to request more information: It wanted confirmation that they were both participating providers, he says.
鈥淚 didn鈥檛 say anything because I was afraid she鈥檇 be mad at me,鈥 says Hernandez, D-West Covina.
That鈥檚 because the additional paperwork was probably his doing.
Hernandez, who chairs the聽California , is author of a聽 that aims to improve provider directories, long riddled with out-of-date and inaccurate information.
Under the law, insurance companies 鈥斅燼nd health care providers like the Hernandezes 鈥斅爉ust comply with new requirements to keep directories updated at least every quarter.
The law, which took effect July 1, also provides patients with some firepower to fight surprise medical bills that result from directory errors.
The law鈥檚 reach is broad: It applies to Covered California and private market plans, as well as Medi-Cal managed care and most job-based insurance policies.
The inaccuracy of directories, Hernandez says, 鈥渉as been and 鈥 seems to continue to be a problem that needs to be rectified.鈥
Several other states, from Georgia to Maryland, have passed similar legislation or are considering doing so, says Claire McAndrew, private insurance program director for , a national health care consumer advocacy group. In some states, insurance commissioners have adopted new rules through the regulatory process.
But California鈥檚 law 鈥渋s the most comprehensive,鈥 she says. 鈥淭he level of detail in California goes beyond any other state.鈥 Federal officials also this year requiring directories be updated monthly for all plans sold on the 37 state .
And they set for Medicare Advantage plans, requiring that the companies contact doctors every three months and update their online directories within 30 days. 聽in the journal Health Affairs found that provider directories for some health plans sold through Covered California and in the private market聽聽that they create a 鈥渄isheartening鈥 situation for consumers trying to find doctors.
That finding was confirmed this month when the state Department of Managed Health Care (DMHC) announced that聽听补苍诲听聽鈥斅爓hich were previously fined for inaccuracies in their Covered California provider directories 鈥斅爏till had 鈥渄isappointing鈥 directory problems.
鈥淲e are optimistic and hopeful that the law 鈥 will help,鈥 says department director Shelley Rouillard.
Among the law鈥檚 new rules:
- Health plans must update their printed directories at least every quarter and their online directories at least every week if providers report changes.
- Provider directories must be posted online and be available to anyone, not just enrollees. Print directories must be available upon request.
- The directories must 鈥減rominently鈥 display directions for consumers who want to report inaccuracies. Upon receiving complaints, plans have 30 business days to makes changes, if necessary.
- Providers must inform plans within five business days if they are no longer accepting new patients 鈥斅爋r, alternately, if they will start accepting them.
- Health plans can delay payments to providers who fail to respond to attempts to verify information.
The California law also gives consumers recourse. Let鈥檚 say you use a provider directory to find a doctor but you鈥檙e billed the out-of-network price because the directory was wrong. In that case, health plans must reimburse you the amount beyond what you would have paid to see an in-network doctor.
If you find yourself in this situation, first take your complaint to your plan, advises DMHC鈥檚 Rouillard. You will have at least 180 days from the date you received the bill to file a grievance.
鈥淵ou鈥檒l probably have to make a case鈥 to the plan, Rouillard says. 鈥淵ou should explain what you did, when you looked at the directory, and that you relied on that information.鈥
Documentation could help your case.
That鈥檚 something to consider when you鈥檙e searching for a provider in the first place. It wouldn鈥檛 hurt to save a screen shot from the online directory showing the doctor is in-network, or take detailed notes if you call your plan鈥檚 customer service line.
鈥淜eep copies of everything, and note the date, time and name of anyone you speak to,鈥 says Nancy Kincaid, spokeswoman for the state Department of Insurance.
Plans have 30 days to investigate and respond to your complaint. If the situation isn鈥檛 resolved to your satisfaction, your next step is to take your grievance to your health plan鈥檚 regulator.
Since the law went into effect, the DMHC has helped one consumer get reimbursed as a result of this law.
But, 鈥淚鈥檓 hoping consumers don鈥檛 have to go through process. I鈥檓 hoping the directories are accurate,鈥 Hernandez says.
It might take time to get there, as health plans implement the new requirements 鈥斅燼s well as others that will take effect in the coming months 鈥斅燼nd work with providers to update the information.
鈥淭his is so early and there are so many errors,鈥 Rouillard says.
This story was produced by , which publishes , a service of the .