III.A · Medical Expense: Individual Insurance
Network protections in insurer plans: surprise bills, continuity of care and reviews
Plain version: you can choose an in-network hospital, but you rarely choose the anesthesiologist or radiologist who treats you there. California keeps that person's network status from becoming your problem.
The rule (Ins. Code §10112.8(a)): an insured who receives covered services at a contracting facility from a noncontracting individual health professional pays no more than the same cost sharing as with a contracting professional, and the professional may not bill more. This section does not apply to emergency services and care.
The narrow exception (§10112.8(c)): out-of-network cost sharing is possible only if the insured's policy includes out-of-network benefits and the insured gives written consent at least 24 hours before the care. The consent must be a separate document obtained by the professional, not the facility, with a written cost estimate, and it may not be obtained at admission or while the insured is being prepared for surgery or another procedure. If the policy has no out-of-network benefits, a signed form cannot move the insured out of in-network cost sharing.
Continuity of care (Ins. Code §10133.56): when an insurer that uses alternative-rate contracts ends its contract with a provider, it must, at the insured's request, arrange for that provider to complete certain covered services. One listed case is a surgery or other procedure recommended and documented to occur within 180 days of the contract's termination date. The insurer may require the provider to accept the same contract terms.
Two more rules for insurer plans:
Independent medical review: the Insurance Code sets up an IMR system in the department for disability insurance contracts (Ins. Code §10169), which is the Department of Insurance. The DMHC runs the matching system only for health care service plan contracts. Who issued the contract decides the agency, not the plan's label.
OB-GYN direct access: a policy covering hospital, medical and surgical expenses may not require prior approval from another physician, another provider or the insurer before an insured sees a participating obstetrician-gynecologist. Reasonable utilization protocols and updates to the PCP are allowed (Ins. Code §10123.84(c)).
Remember
· In-network facility + non-network doctor = in-network cost sharing.
· Out-of-network consent: only with out-of-network benefits, signed at least 24 hours ahead.
· Terminated provider: a documented surgery within 180 days can be completed.
· Insurer policy → CDI's IMR; HMO contract → DMHC's IMR.
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