44 The Battle to Make the Health Insurers Obey the Law – Part 5:October 2024

This Table summarises the correspondence I sent to HCF on 12 January 2022 and the “responses” from HCF. in January.  During January, it became increasingly clear that HCF intended to do nothing at all except get rid of me at the lowest possible financial cost. 

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On 21 January, HCF attempted to “buy me off” by offering to pay for Lift services up to that point because its payments made in “error” had created “an expectation” that Lift services were covered.  The clear intent of the email was that once I had received this “voluntary” payment from HCF, HCF would continue to refuse to pay for services provided by Lift Cancer Care Services.  This email offered no explanation as to why HCF claimed that the Lift services were not covered. 

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Communication Details

Length of Communication

How Sent

Date of Response

Length of Response

What Did Response Say?

Letter dated 12 January 2022 addressed to Junita Lindsay, Complaints Resolution Officer

5 pages, plus claims for payment for Lift services provided on 23 December 2021 and 7 January 2022

Email to jlindsay@hcf.com.au sent at 10:19 am on 12 January 2022

(1) Email received at 9:58 am on Tuesday 18 January 2022 from Junita Lindsay, Complaint Resolution Officer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(2) Email received at 5:11 pm on Friday 21 January 2022 from Junita Lindsay, Complaint Resolution Officer

 

(1) 11 lines plus “sign off”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(2) 11 lines plus “sign off”

 

(1) “We understand you have referenced a letter dated 6 January 2022 which had advised that we were not able to assess a recent claim.  We do want to clarify that this was an automatically generated letter in response to the claim submitted and is not HCF ‘s formal response to the concerns raised with the … Ombudsman”

 

 

 

 

(2) Because HCF had “erroneously” paid some Lift claims in the past, HCF would make an “ex gratia” payment if we confirmed in writing that Lift did not warn us about estimated costs of service

Claim documents seeking payment for Margaret’s Lift treatment provided on 23 December 2021

3 pages

Attached to email to jlindsay@hcf.com.au sent at 10:19 am on 12 January 2022

No response - ever

Zero length

No response - ever

Claim documents seeking payment for Margaret’s Lift treatment provided on 7 January 2022

3 pages

Attached to email to jlindsay@hcf.com.au sent at 10:19 am on 12 January 2022

No response - ever

Zero length

No response - ever

Letter dated 24 January 2022 addressed to Junita Lindsay, Complaints Resolution Officer

5 pages

Email to jlindsay@hcf.com.au sent at 3:45 pm on 24 January 2022

No response - ever

Zero length

No response, ever

” Sir Humphry Appleby “Yes Minister” Gold Medal Award Certificate with dates 18 January and 21 January 2022

1 page

Attached to email to jlindsay@hcf.com.au sent at 3:45 pm on 24 January 2022

No response - ever

Zero length

No response - ever

 

As indicated in the Table above, in January 2022, HCF proposed a “resolution” of my complaints in an email from Junita Lindsay dated 21 January 2022.  This email refused to comment in any way on why HCF claimed the law permitted it to refuse to pay claims for services provided by Lift Cancer Care Services. 

Apart from this, the “resolution” proposed by HCF was inherently deceitful.  The HCF “resolution” did NOT contemplate in any way that HCF would pay the unpaid portion of the Lift accounts which had already been submitted to HCF by Lift.  Instead of paying the Lift invoices, HCF clearly contemplated it would pay only the “gap” payments we had already paid to Lift.  There was no suggestion that it would pay the balance of the outstanding Lift invoices.  I believe this was clearly implied in the email from Junita Lindsay. 

But before HCF would pay even this miserable amount of money, it demanded that we lie about our dealings with Lift Cancer Care Services.

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The relevant part of the email said this.

We do believe we have a resolution which includes looking at reimbursing the costs of claims since we had begun paying the claims on 6 January 2021. We acknowledge that HCF had paid claims received from Lift Cancer Care and while this was in error, it is understandable that an expectation had been set that these services would be covered. The resolution we are aiming to proceed with is on the basis that you were not made aware that the fees would be payable by yourself should they not be claimable through HCF.  

To proceed with gaining approval to provide this resolution, we request the following:

·            Confirmation from yourself in writing that Lift Cancer Care Services did not provide a list of estimated costs before participating in the program

·            Invoices of payments made to Lift Cancer Care for the services received

 

 

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HCF wanted copies of our receipts for our “gap” payments so that it could calculate the total amount of our “gap” payments and pay that amount to us – a total of about $820.00 on 21 January 2022. 

I believe HCF intended that Lift Cancer Care Services would receive no payment at all for the invoices already submitted to it by Lift.  Those invoices for Margaret amounted to a total of $6,978.00 as at 1 December 2021.

In order to get this miserable amount of money – and say goodbye forever to any hope of persuading HCF to obey the law in future - HCF demanded that we lie about the conduct of Lift Cancer Care Services. 

The demand to confirm that Lift “did not provide a list of estimated costs before participating in the program” would have required us to lie.   We had never suggested any such thing.

I believe HCF wanted us to lie as a means to try and destroy Lift.

The proposed “resolution” in the email dated 21 January 2022 was putrid. 

I believe HCF acted knew Margaret had a deadly cancer, expected the cancer to kill her, and that when Margaret died, I would stop annoying HCF. 

I believe HCF attempted to use raw power to smash someone it believed had zero power. 

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HCF completely ignored its Complaint Management Policy.

HCF’s complaint handling process is intended to be fair and equitable to all parties. It allows for active involvement by complainants as far as practicable, permitting their views to be heard and taken into account in a balanced, respectful and meaningful way.

 The proposed “resolution” was neither “fair” nor “equitable to all parties” and served only the interests of HCF.  It would have deprived us of our lawful entitlements and it would have reinforced HCF’s unlawful treatment of Lift Cancer Care Services.

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We will acknowledge complaints promptly and respond in full in a reasonable timeframe taking into account the urgency of issues raised. We will communicate expected timeframes to you and inform you if we think there may be some delay.

 Seven weeks after my letter of 3 December 2021 where I told HCF that Margaret was desperately ill, HCF proposed a clearly unfair and inequitable “resolution”.  I believe HCF intended to wait us out and that its position of strength could only get stronger as Margaret’s life ebbed away.

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We will be helpful, courteous and professional in all our dealings.

We will explain the reasons for our decision and any remedy or resolution we consider fair and reasonable in the circumstances.

 

The central issue in my complaint was that HCF was breaking the law. 

Instead of explaining why it actions were lawful, HCF tried to shut us up by paying $820.00 and ignoring my belief that its conduct was unlawful. 

I believe HCF was well aware it conduct was unlawful.

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