An August 17 article in Bloomberg BNA's Privacy Law
Watch and other publications, "Wellmark's Iowa
ACA Exchange Exit Prompts Civil Rights Complaint," discussed
an administrative complaint filed with the Department of Health and
Human Services' Office for Civil Rights (OCR) by three groups
representing hemophiliacs. Day Pitney's Eric Fader was quoted
in the article.
The complaint claimed that Wellmark Blue Cross and Blue
Shield's withdrawal from the Iowa health-insurance exchange, or
marketplace, deprived hemophiliacs of coverage and violated
the Affordable Care Act's nondiscrimination provision. Eric
told Bloomberg BNA that the OCR might not act on the
complaint because, while the ACA does bar insurers from denying
coverage due to pre-existing conditions, it doesn't prevent
insurers from deciding to stop offering plans altogether.
Eric also expressed doubt about the hemophilia groups'
allegation that a Wellmark executive's statements had violated
HIPAA, questioning whether referring to a 17-year old male
hemophiliac was sufficient to allow anyone to identify the
individual. "I don't understand why she [the executive]
felt it necessary or appropriate to mention the patient's
gender and precise age in her speech, but it doesn't appear to
me that this was a clear HIPAA violation," Eric said. However,
he did not rule out the idea that the OCR might use the incident as
a teachable moment.
For more articles and regular updates on legislative changes, regulatory developments and other news of interest to businesses, professionals and investors in the healthcare industry, please subscribe to Day Pitney's mailing lists.
Click here for more Healthcare Blogs from Day Pitney
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
