55 My Battle to Make the Health Insurers Obey the Law Part 11: 15 October 2024
The Table summarises my contacts with Senator Griff
in February 2022.  
| 
   Details  | 
  
   Length
  of Communication  | 
  
   How
  Sent  | 
  
   Date
  of Response   | 
  
   Length
  of Response  | 
  
   What
  Did Response Say?  | 
 
| 
   Letter
  to Senator Griff dated 7 February 2022  | 
  
   2
  pages  | 
  
   Attached
  to email sent to senator.griff@aph.gov.au  at 5:01 pm on Monday 7 February 2022  | 
  
   8
  February 2022  | 
  
   2
  pages  | 
  
   Forwarded
  email from Minister for Health summarising legal obligations of health
  insurers  | 
 
| 
   Copy
  of letter dated 7 February 2022 addressed to Junita Lindsay, HCF Complaints
  Resolution Officer  | 
  
   6
  pages  | 
  
   Attached
  to email sent to senator.griff@aph.gov.au  at 5:01 pm on Monday 7 February 2022  | 
  
   8
  February 2022  | 
  
   2
  pages  | 
  
   Forwarded
  email from Minister for Health summarising legal obligations of health
  insurers  | 
 
| 
   Copy
  of letter dated 7 February 2022 addressed to Sarah De Sade at Ombudsman  | 
  
   4
  pages  | 
  
   Attached
  to email sent to senator.griff@aph.gov.au  at 5:01 pm on Monday 7 February 2022  | 
  
   8
  February 2022  | 
  
   2
  pages  | 
  
   Forwarded
  email from Minister for Health summarising legal obligations of health
  insurers  | 
 
| 
   Phone
  call from Senator Griff at 6:52 pm on Tuesday 8 February 2022  | 
  
   2
  minutes 25 seconds  | 
  
   Phone
  call to me from Senator Griff  | 
  
   I
  answered call from Senator Griff  | 
  
   2
  minutes 25 seconds  | 
  
   Senator
  Griff had received an email from staff of the Minister for Health and would
  forward it to me  | 
 
| 
   Email
  from Senator Griff dated 8 February 2022 forwarding   | 
  
   1
  line  | 
  
   Email
  from private email address for Senator Griff sent at 7:22 pm on Tuesday 8
  February 2022  | 
  
   I
  did not reply because I did not receive the email  | 
  
   Zero
  length   | 
  
   I
  did not receive the original email  | 
 
| 
   Email
  received by Senator Griff from Health Minister Greg Hunt  | 
  
   2
  pages  | 
  
   Attached
  to email from private email address for Senator Griff sent at 7:22 pm on
  Tuesday 8 February 2022  | 
  
   I
  did not reply because I did not receive the email  | 
  
   Zero
  length  | 
  
   I
  did not receive the original email  | 
 
| 
   Email
  from Senator Griff dated 17 February 2022 forwarding for a second time an
  email received by him from Health Minister Greg Hunt  | 
  
   2
  pages  | 
  
   Email
  received from private email address for Senator Griff sent at 12:00 noon on
  Thursday 17 February 2022  | 
  
   I
  replied at 12:00 noon on Thursday 17 February 2022  | 
  
   2
  lines  | 
  
   I
  acknowledged receipt of the email originally sent to me on 8 February 2022  | 
 
| 
   Email
  received by Senator Griff from Health Minister Greg Hunt  | 
  
   2
  pages  | 
  
   Attached
  to email from private email address for Senator Griff sent at 12:00 noon on
  Thursday 17 February 2022  | 
  
   I
  replied to Senator Griff at 12:38 pm on Thursday 17 February 2022  | 
  
   9
  lines  | 
  
   I
  said HCF refused to identify the reasons why it refused to pay the claims  | 
 
| 
   Email
  to Senator Griff   | 
  
   9
  lines  | 
  
   Email
  sent to senator.griff@aph.gov.au at 12:38 pm on Thursday
  17 February 2022  | 
  
   No
  response  | 
  
   Zero
  length  | 
  
   No
  response  | 
 
I wrote to Senator Griff on Monday 7 February 2022
Senator Griff rang me on 8 February saying he had
received an email from the Health Minister; he sent it to me.
This is the response by Health Minister Greg Hunt
and nothing else ever came from him.  I
do not believe Health Minister Hunt was untainted by corruption in this shameful
sage.
| 
   Please see advice below, which may also assist
  with engaging further directly with HCF: ·        
  Mr Hankin has
  complained that HCF has paid benefits for some services provided by Lift
  Cancer Care Services (Lift), but not others. ·        
  As at 28 January
  2022, Lift is a Commonwealth declared hospital with second-tier approval
  status as a G category hospital (a private hospital that provides episodes of
  hospital treatment only for periods of not more than 24 hours) until May
  2022. ·        
  The claims submitted
  to HCF for Ms Redden are for MBS items 24 and 37, which are considered type C
  procedures in the Private Health Insurance (Benefit Requirement)
  Rules 2011. o   
  MBS item 24 is
  professional attendance by a general practitioner lasting less than 20
  minutes o   
  MBS item 37 is
  professional attendance by a general practitioner lasting at least 20
  minutes. ·        
  The Rules describe type C procedures as procedures
  or services that do not normally require hospital treatment. ·        
  The Rules also set
  out the minimum default accommodation benefits that private health insurers
  should pay for hospital treatment, based on the MBS items for the procedure
  performed, or service provided, by a medical practitioner. ·        
  Benefits for day‑only
  accommodation are payable for patients receiving a type C procedure only if
  certification is provided. ·        
  Certification must
  include: o   
  sufficient information to identify the patient,
  the certifying medical practitioner and the specific medical procedure being
  certified o   
  details of the patient’s medical condition, or
  the special circumstances relevant to the specific procedure, that the
  medical practitioner is certifying require it to be performed in a hospital o   
  a signed statement to the effect that the
  medical practitioner certifies that it would be contrary to accepted medical
  practice to provide the procedure unless the patient is given hospital
  treatment that does not include part of an overnight stay. ·        
  Insurers have an administrative obligation to
  check the validity of certification documentation to ensure it meets the
  requirements as set out in the Rules and the
  procedure, or service, is covered by a patient’s private health insurance
  policy. ·        
  The Rules do not provide for
  insurers to assert a clinical assessment or judgment of a patient’s medical
  condition/s or special circumstances certified by a medical practitioner. ·        
  If an insurer rejects a type C certification,
  for any reason other than that it fails to meet the requirements prescribed
  in the Rules, or that the proposed procedure is not covered by
  the patient’s health insurance policy, the insurer is in breach of the Rules. ·        
  Claims rejected by HCF, it argues, are because
  the services provided to Ms Redden were not hospital treatment. ·        
  The Department of
  Health is aware of disputes between Lift and HCF about certification, and has
  and continues to engage with both parties in an attempt to resolve the
  disputes. ·        
  More broadly, the Department continues to work
  with the private health industry sector to influence improved communication
  and processes, to prevent disputes between parties such as this protracted
  dispute. ·        
  While it is appropriate that medical
  practitioners have clinical autonomy, it is equally important that
  sufficiently transparent and accountable processes are developed for clinical
  decision-making, to limit the potential for inappropriate practices and protracted
  negotiations around payment of benefits. ·        
  The 2021-22 Budget included a reform measure to
  address ongoing stakeholder concerns and disputes over what are considered
  appropriate hospital certification processes in private hospitals: https://www.health.gov.au/sites/default/files/documents/2021/05/private-health-insurance-improving-affordability-and-sustainability-of-private-health-insurance.pdf ·        
  A key aspect of the
  measure is the development of a Bill that would seek to expand the authority
  and functions of the Professional Services Review Agency (PSR), to review
  potential inappropriate practices by medical practitioners and associated
  hospitals, when certifying that type C medical treatments, or services, are
  required to be delivered in hospital. ·        
  Another key aspect of the reform measure is
  encouraging medical colleges to create clinical guidelines on what is
  accepted medical practice in Australia and the circumstances in which
  admitted hospital treatment (type C certification) is appropriate for services
  normally provided out of hospital.  | 
 
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