December 19, 2016
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Using New York State Consumer Protections to Get Insurers to Pay Bills

The election has created change and uncertainty around national health care laws, making now a good time for New Yorkers to understand state-based laws that protect us as health care consumers. New York State law contains consumer protections that can help individuals have care paid for by their insurer, avoiding large unreimbursed bills incurred by providers. Demystifying these legal rights can save insureds — and their advocates — time, money, and frustration, allowing them to focus on their health, instead of the cost of health care.

New Yorkers who get their private health insurance from a plan that is covered by New York law, whether that plan comes from an employer or the Marketplace, have four crucial consumer protections:

  • Transitional care laws allow individuals to continue receiving insurance coverage for seeing their doctor, even if that doctor is no longer covered by their insurance;
  • Appealing denials of care and payment from insurance companies;
  • Network adequacy protections requiring insurers to have enough providers of different types for their enrollees to access;
  • Surprise Bill law protecting consumers from paying certain out-of-network bills.

Our associate, Alex Berke’s recently published article in the New York State Bar Association Health Law Journal, “Using Health Insurance Consumer Protections To Increase Reimbursements For Providers and Decrease Out-of-Pocket Costs For Consumers,” examines these laws in depth, including how using them wisely can get a bill paid.

Changes are undoubtedly coming for the health insurance market, but not all relevant laws are Federal, and as New Yorkers, we should use the consumer protections we have to get the best value for our health insurance dollars.

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The Rhetoric of Choice Obscures Our Social Obligations to Parents

January 30, 2020
Paid Family Leave
FMLA
Pregnancy Discrimination
Leave
Who should foot the bill or take responsibility for social reproduction as more women were pressed into the workforce, government or the individual? In the US, the answer was resounding: the individual. And this has had significant consequences for working parents since. By placing the responsibility on the individual, almost always the mother, parents have been in a bind for decades and any "choices" available reside in an astonishingly thin sliver of options constrained by structural inequalities

Female Flight Attendants and Pilots File Discrimination Suit Against Frontier Airlines, Alleging Discrimination against Pregnant and Nursing Mothers

January 13, 2020
Gender Discrimination
Pregnancy Discrimination
Two lawsuits were filed against Frontier airlines alleging that the Company required pregnant employees to suspend work duties months before they were scheduled to give birth, forcing employees to use their vacation days in lieu of paid time off, take unpaid maternity leave without Frontier providing alternatives for work, and refuse to accommodate breastfeeding and pregnant workers.

New Report from Uber Highlights the Risks of Driving in the Gig Economy

January 6, 2020
Sexual Harassment
Among the most significant risks to Uber drivers were those in the form of sexual and physical assault on the job, with 42% of assault cases being reported by drivers. The most common assault reported by drivers and riders was "non-consensual touching of a sexual body part," with 1,560 cases reported in 2018 alone.

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