This is a fact of life in the State of Arizona. If you are under the Age of 65 and on Medicare you will be discriminated against by your state.
My wife became disabled at the age of 59. She is on Social Security Disability. She will be eligible for Medicare October 1st, 2009. She wants to keep her original Medicare and wants a Medigap policy to pay for the things that Medicare doesn't cover. She doesn't want any policy offered through AARP as they are nothing more than a shill for the Health Care Industry who is raping and pillaging older people.
My fist step was to get on the Medicare Website to find out what policies are available. I looked at the list and there were only two companies on that offered Medigap for disabled people under the age of 65.
I called the first company and we were told that they only offer Medigap insurance to those over the age of 65. The other health care company offered a policy only if you were a certain religious affiliation.
Step Two: A call to Medicare and after talking to a plan specialist, she insisted that the company, Bankers Fidelity Life Insurance must provide the under 65 coverage because it is on the Medicare Website. Medicare Arizona Medigap Providers List When I told her that I had called and was told directly by an employee of Bankers Fidelity that they didn't offer that plan, she seemed not to believe me and she told me that I had to contact my state Department of Insurance.Arizona Dept of Insurance Medigap Providers
Step three: Called the Arizona Department of Insurance. I told the lady that answered the problem we are having and she could only confirm that one company provided the under 65 insurance and that was The Mennonite Mutual Aid Society. I told her that they restricted membership by religious affiliation. MMA She didn't seem too interested in the fact that my wife could not buy Medigap insurance in Arizona because she is under the age of 65 and disabled. She became less interested when I charged that the insurance laws in the State of Arizona were most likely written by the insurance companies themselves.
Step four: Call to my Blue Dog Congressman Harry Mitchell AZ(5). Explained the problem and that I wanted to file a discrimination complaint regarding the lack of Medigap Insurance for a disabled person in Arizona.
The lady on the phone was pleasant but informed me that the laws regarding insurance were set by the state. I asked if a public building didn't have a handicapped ramp could they not be sued for breaking the ADA federal law she told that is true because it is a Federal Law. But couldn't see the problem as I explained it because it was a State law.
Hmm, it was the same logic that kept schools segregated prior to Brown vs Brown. State laws are only legal if they don't violate Federal Laws and this I believe is a violation of laws against discrimination by reason of disability. But it will remain the law unless it is challenged but I don't have money for that.
NOTE:I inquired about Mitchell's support for a public option and was told only that he supported affordable insurance for all, wow what a concept. I told her to tell Congressman Mitchell that if he voted against the public option my wife and I would be sitting out the next election and that she would be out of a job. I told her this story would be on Dailykos and she told me that she didn't know of the site, I wonder what rock she has been under? She then referred me to the Area Agency on Aging.
Step5: Call to AAoA. I explained to the gentleman my concerns and after listening he basically said well that's how things are. He told me that he was going to give me suggestions on other numbers to call that would put her into a supplemental plan from AARP and United health care. I informed him that once she joined a plan like this that she would no longer be under Medicare. He protested and told me I was wrong. Medicare Advantage PlansI explained that the only tie to the Original Medicare is the billing and she would be subject to whatever PPO or HMO rules were and that the could ration the care she gets. I told him that I didn't want her Medicare dollars going to the crooked Private health care companies. He apparently wasn't happy with what I was saying and arguing with him because he hung up on me.
Step6: Document story on DailyKos and then cut and paste into letters to the Editor (not that it will get published) email to Mitchell, email to McCain, email to Kyl, email to Medicare and the Arizona Insurance commission.
My contention is that my 61 year old wife is being discriminated against by the for profit insurance companies by not offering her the same medical coverage as a disabled person on Medicare over the age of 65 although the federal regulations prohibit any entity from discrimination if they receive Federal funding. The only supplemental insurance she can purchase is the HMO or PPO option offered by the Health Insurance cartel.
I would appreciate any insight or ideas that you might have on this subject and whether my logic is good or bad.
DEPARTMENT OF HEALTH AND HUMAN SERVICES OFFICE FOR CIVIL RIGHTS (OCR) DISCRIMINATION COMPLAINT
Form Approved: OMS No. 0990-0269. See OMS Statement on Reverse.
YOUR FIRST NAME YOUR LAST NAME HOME PHONE (Please include area code) WORK PHONE (Please include area code) STREET ADDRESS CITY STATE ZIP E-MAIL ADDRESS (If available) .. ---" Are you filing this complaint for someone else?
D Yes 0 No If Yes, against whom do you believe the discrimination was directed? FIRST NAME LAST NAME I believe that I have been (or someone else has been) discriminated against on the basis of: DRace / Color / National Origin D Age 0 Religion D Gender (Male/Female) D Disability 0 Other (specify):
Who do you think discriminated against you (or someone else)?
PERSON/AGENCY/ORGANIZATION STREET ADDRESS CITY STATE ZIP PHONE (Please include area code) When do you believe that the discrimination took place?
LIST DATE(S)
Describe briefly what happened. How and why do you believe you (or someone else) were discriminated against? Please be as specific as possible. (Attach additional pages as needed)
There are no Medigap Medicare Supplement policies offered in the State of Arizona to disabled people under the age of 65 unless the individual is of a specific religious denomination . There are 49 companies that offer coverage to anyone over the age of 65 with any condition. This practise was sanctioned under the statutes of the State of Arizona and administered by the State of Arizona Department of Insurance. Effectively by disallowing Mrs. XXX, a disabled person, resident of the State of Arizona, receiving Social Security Disability Insurance benefits and Medicare but under the age of 65 the ability to participate in a Medigap insurance policy in conjunction with their traditional Medicare Part A and Medicare Part B insurance as any 65 year old and older can do. Since these policies are only offered in conjunction with Medicare they are therefore required to provide coverage to all Medicare recipients age or disability not withstanding.
The only Medigap policy offered in the state of Arizona is one in which participation is limited by religious affiliation.
Please sign and date this complaint.