Comment: Vigilantes can't fix health care; this reform would - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Health/Employee Benefits News
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Meet our Editorial Staff
    • Advertise
    • Contact
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Health/Employee Benefits News
Health/Employee Benefits News RSS Get our newsletter
Order Prints
December 18, 2024 Health/Employee Benefits News
Share
Share
Post
Email

Comment: Vigilantes can't fix health care; this reform would

The Daily Herald

By Jamie Court / For theLos Angeles Times

The shocking killing of UnitedHealthcare's chief executive, Brian Thompson, reopened a national wound inflicted by the delay and denial of health coverage to countless Americans.

This was a violent crime that won't solve anything. But the ensuing organic and spontaneous outpouring of populist anger underscored how many Americans have been cruelly and unjustly denied medical treatment.

After an election that showed widespread discontent with the status quo, this should be a wake-up call for Washington. Despite progress on health care coverage and rights, protecting American patients is unfinished business.

In the 1990s, California pioneered a patients' rights movement that gave those covered by HMOs a right to second opinions, independent medical reviews of coverage denials and guaranteed coverage of certain commonly denied procedures. Many states adopted California's model, and President Obama's Affordable Care Act took important steps to insure the uninsured and prevent companies from denying coverage to people who want it.

But America's patients never got equitable access to justice when claims are denied. People who buy their own insurance or get it through a government job or program such as Medicare have the right to sue for damages if they believe they have been harmed by an unreasonable denial. But most of us get health insurance through our jobs and have no such right to go to court, no matter how outrageous the denial or tragic the consequences. More than 100 million Americans have no legal recourse if a health insurance company messes up our claim.

In the 1987 case Pilot Life Insurance Co. vs. Dedeaux, the Supreme Court ruled that people with employer-provided coverage do not have a right to sue their insurer for damages but rather only for the value of the denied benefit. If the covered person dies, any suit is rendered moot.

Despite many attempts to change this, including through Obamacare, the ruling has stood. That's why insurance companies often act as if they have a license to kill: They face scant legal consequences for any harm they cause by delaying or denying payment for needed care.

A 17-year-old Angeleno, Nataline Sarkisyan, became a poster child for addressing this injustice. Nataline, who had recurrent leukemia, had to wait too long for insurance approval of a liver transplant that doctors considered likely to save her life. Her mother, Hilda Sarkisyan, protested with nurses at the headquarters of their health insurance plan, Cigna. When the company finally approved the surgery under pressure, it was too late: Nataline died in 2007, hours after the approval was granted. And because of the Pilot Life decision, the family had little legal recourse.

The Sarkisyans have crusaded to have the Pilot Life ruling overturned and to spare others their daughter's fate. Congress has made it easier to obtain coverage but has yet to give patients the leverage they need once they have insurance: the right to collect damages from companies that behave horribly.

This shouldn't be hard. Congress — whose members do enjoy a right to sue over denials of their own health insurance claims — has many options for limiting the extent of insurers' exposure to lawsuits, such as making them liable only when they show gross indifference to a patient's suffering.

Insurance companies pay attention to whether patients can take them to court. At least one company, Aetna, even had a training tape showing how to process claims differently for those with and without a right to sue.

If insurance companies have no legal incentive to approve a claim, they will too often deny or delay it. It's time for Congress to restore the possibility of justice for millions and answer the urgent calls for reform.

Jamie Court is the president of the nonprofit Consumer Watchdog. ©2024 Los Angeles Times. Visit at latimes.com. Distributed by Tribune Content Agency, LLC.

Older

New details emerge about Luigi Mangione, the man accused of killing health insurance CEO

Newer

Burlington County defies trends by keeping health insurance rates stable

Advisor News

  • CT governor’s candidates claims: What’s true, and what’s misleading
  • Retaining clients by giving them a memorable experience
  • Addressing the longevity paradox
  • Employers shift focus from retirement access to financial outcomes
  • Helping widowed clients navigate their new financial reality
More Advisor News

Annuity News

  • Foresters Financial appoints Tom Ross as chief distribution officer for U.S. annuity sales
  • Symetra and TIAA Announce Launch of Mariner Re
  • Jackson Launches Suite of Fixed Index Annuities Focused on Accumulation
  • Farm Bureau P&C insurers post first underwriting gain since 2021
  • Legacy Marketing, Malibu Life launch two fixed indexed annuities
More Annuity News

Life Insurance News

  • Northwestern Mutual announces record $10B dividend payout
  • South Carolina, Atlantic Coast mediation fails to resolve reserving dispute
  • Life insurer ordered to stop selling policies in Virginia
  • Symetra and TIAA Announce Launch of Mariner Re
  • Jackson Launches Suite of Fixed Index Annuities Focused on Accumulation
Sponsor
More Life Insurance News

Property and Casualty News

  • AM Best Affirms Credit Ratings of The West of England Ship Owners Mutual Insurance Association
  • GEICO Named Official Insurance Partner of the TCS New York City Marathon
  • Your Car Insurance Doesn't Cover What You Think It Does
  • Great American Insurance Group Announces Leadership Promotions within its Property & Casualty Group
  • Total Loss Auto Claims Weigh on Insurance Customer Satisfaction
More Property and Casualty News

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Press Releases

  • Benefits Studio Launches to Fill the Missing Middle of Benefits Navigation at $49/mo
  • Lauren Sinnott Named to Ragan’s Top Women in Marketing Awards, Class of 2026 
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Meet our Editorial Staff
  • Advertise
  • Contact
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.