continuity of care   keep same doctor if you are under treatment for a serious condition

Continuity of Care in California: Can You Keep Your Doctor?

If your doctor, medical group, hospital, or specialist is no longer in your health plan’s network, you may not always have to start over right away. California has continuity of care protections that may let you keep seeing a current provider for a limited period of time, especially if you are already being treated for a serious or ongoing medical condition.

This does not mean every out-of-network doctor must be covered forever. It means you should ask the plan, in writing, whether you qualify to complete covered treatment with your current provider under California continuity of care rules.

Start here: If you are changing health plans, or if your doctor is leaving the network, call the new health plan before you assume you must change doctors. Ask for the plan’s continuity of care request form or instructions.


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Questions This Page Answers

  • Can I keep my doctor if my health plan changes?
  • What if my medical group or hospital leaves the network?
  • What if I am already in treatment for cancer, surgery, pregnancy, a serious chronic condition, or a terminal illness?
  • What should I ask the insurance company before switching plans?
  • Where do I complain if the plan refuses?

What Continuity of Care Usually Means

Continuity of care is a rule that may allow you to continue covered services with a doctor, medical group, or hospital that is no longer participating with your health plan, or that is not in the new plan’s network, when certain medical conditions are involved.

The idea is simple: if you are in the middle of important treatment, it may be unsafe or unreasonable to make you immediately change providers just because the network changed.

The California Department of Managed Health Care explains continuity of care here:

DMHC — Continuity of Care

The California statute is here:

California Health & Safety Code § 1373.96

Examples of Situations Where This May Matter

You should ask about continuity of care if you are already receiving treatment for a serious condition and:

  • Your doctor leaves the network.
  • Your medical group is no longer contracted with the plan.
  • Your hospital is no longer participating.
  • You are changing from one insurance company to another.
  • You are in the middle of a course of treatment and changing providers could disrupt care.
  • Common examples include
    • surgery follow-up,
    • cancer treatment,
    • pregnancy,
    • terminal illness,
    • acute conditions,
    • serious chronic conditions,
    • behavioral health treatment, or
    • other situations where changing providers immediately could interfere with treatment.

Important: Ask Before You Switch Plans

If you know your doctor or hospital is important to you, do not rely only on a provider directory. Directories can be outdated, and a doctor may be listed in one plan network but not in another. Before enrolling, call both the provider and the insurance company.  Still, check the directory so you have written proof. 

Ask these questions:

  • Is my doctor contracted with this exact plan name?
  • Is my medical group contracted with this exact plan?
  • Is my hospital in-network for this exact plan?
  • If not, can I apply for continuity of care?
  • What form or written request do you require?
  • How long will the continuity of care approval last?
  • Will the provider agree to the plan’s payment and authorization rules?

What Continuity of Care Does Not Usually Do

Continuity of care is not the same as an unlimited right to use any doctor you want. The treatment generally still has to be a covered benefit, the provider usually has to agree to work with the plan’s rules, and the approval may be limited by time or by the condition being treated.

That is why you want written confirmation from the health plan. Verbal answers are not enough when the medical bill could be large.

What To Do If the Plan Says No

If the health plan denies your request, ask for the denial in writing and ask what appeal or grievance rights you have. If the plan is regulated by the California Department of Managed Health Care, you may also contact the DMHC Help Center.

DMHC Help Center:

File a Complaint with the Department of Managed Health Care

Main DMHC consumer rights page:

DMHC — Your Health Care Rights

Related Pages on This Website

These pages may also help if you are comparing plans, doctors, hospitals, or appeal rights:

Bottom Line

If you are healthy and simply prefer one doctor, continuity of care may not solve everything. But if you are in active treatment, pregnant, dealing with a serious chronic condition, facing surgery, or receiving ongoing care for a major diagnosis, it is worth asking the plan about your rights before you give up on keeping your provider.

I do not control the insurance company’s decision, and I cannot guarantee a continuity of care approval. But I can help you think through the plan options before you enroll, especially if keeping a particular doctor, hospital, or medical group is important.

Scroll down for more technical information.


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Continuity of care

#Introduction

Continuity of care definition means that you may be able to use a  Non-Participating Provider  if your provider leaves your insurance companies network, or if you are a newly-covered Member whose previous health plan was withdrawn from the market. (Please follow the links and requests for care, it may be that any prior plan counts)

You can request to continue treatment with your Non-Participating Provider in the situations described above if you are currently receiving the following care:

 Ongoing treatment for an acute or serious chronic condition;
Pregnancy care, including care immediately after giving birth;
 Treatment for a terminal illness;  FYI see also Hospice
 Other services authorized by a now-terminated provider as part of a documented course of treatment; or
 Care for a child up to 36 months old.

To request continuity of care,  fill out your Insurance Companies Continuity of Care Application. and show  Medical Necessity.

The Non-Participating Provider Finder must agree to accept your Insurance Companies  Allowed Charges as payment in full for your ongoing care. If the  provider agrees and your request is authorized, you may continue to see the Non-Participating Provider at the Participating Provider Cost Share for:

           Up to 12 months; or
 If you have a terminal illness, for the duration of the terminal illness. * Sample Group Health Plan *   Excerpt from Blue Shield Trio Silver HMO EOC 

See the Your payment information section for more information about the Allowed Charges.

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Supporting documents, rules, and deeper explanations are below if you want them — most people don’t need them.

Technical Legal Information

#Continuity of Care
California Senate Bill SB 133 

If you buy your own coverage and your current plan leaves the market your  new plan must cover treatment by the same physicians, even if they are not in the new insurer’s network.

The provision would apply for enrollees under treatment for a chronic, acute or terminal illness, and in cases of pregnancy. The coverage would be contingent on the doctor accepting the payment offered by the new health plan, and the insurer would have to continue covering the services of that provider for up to one year. The coverage could extend beyond a year if the patient were terminally ill.

Similar protections already exist for people with job-based insurance policies that are under the purview of state regulators.  CA Healthline

LEGISLATIVE COUNSEL’S DIGEST

Existing law requires a health care service plan and a health insurer that provides services at alternative rates of payment, at the request of an enrollee or insured, to provide the completion of services by a terminated provider if the enrollee or insured is undergoing a course of treatment for one of any specified conditions, including a serious chronic condition… Existing law also requires a health care service plan to provide for the completion of covered services by a nonparticipating provider to a newly covered enrollee who, at the time his or her coverage became effective, was receiving services from that provider for one of any specified conditions. Existing law prohibits completion of covered services for a serious chronic condition from exceeding 12 months from the contract termination date or 12 months from the effective date of coverage for a newly covered enrollee or insured. Existing law requires a health care service plan to provide a disclosure form regarding the benefits, services, and terms of a plan contract and requires the disclosure form to include a description of how an enrollee can request continuity of care under the provisions described above.

This bill would provide that an enrollee or insured who has a condition that will require a transplant is not limited by the 12-month period described above and would require the completion of covered services to be provided for the duration of the condition and until the time he or she undergoes the transplant surgery and receives the necessary followup care that is consistent with good professional practice.

***

Continuity of Care?
California Assembly Bill AB 369

California Bill AB 369 requires a health plan, at the request of a newly covered enrollee under an individual contract, or a health insurer at the request of a new covered insured under an individual insurance policy, to arrange for the completion of covered services by a non-participating provider for one of the conditions specified in existing law, if the new covered enrollee or insure meets both of the following:

  1. Had coverage that was terminated between December 1, 2013 and March 31, 2014, inclusive because the plan or insurer ceased to provide or arrange health benefits or the plan or insurer withdrew from the market; and,
  2. At the time coverage became effective, the newly covered enrollee or insured was receiving services from that provider for one of the specified condition.  healthnet pulse.com

#Transfer Rights for Continuity of Care with the Same Doctor 

.

10133.56.  (a) A health insurer that enters into a contract with a professional or institutional provider to provide services at alternative rates of payment pursuant to Section 10133 shall, at the request of an insured, arrange for the completion of covered services by a terminated provider, if the insured is undergoing a course of treatment for any of the following conditions:

(1) An acute condition. An acute condition is a medical condition that involves a sudden onset of symptoms due to an illness, injury, or other medical problem that requires prompt medical attention and that has a limited duration. Completion of covered services shall be provided for the duration of the acute condition.
.
(2) A serious chronic condition. A serious chronic condition is a medical condition due to a disease, illness, or other medical problem or medical disorder that is serious in nature and that persists without full cure or worsens over an extended period of time or requires ongoing treatment to maintain remission or prevent deterioration. Completion of covered services shall be provided for a period of time necessary to complete a course of treatment and to arrange for a safe transfer to another provider, as determined by the health insurer in consultation with the insured and the terminated provider and consistent with good professional practice. Completion of covered services under this paragraph shall not exceed 12 months from the contract termination date.
.
(3) A pregnancy. A pregnancy is the three trimesters of pregnancy and the immediate postpartum period. Completion of covered services shall be provided for the duration of the pregnancy.
.
(4) A terminal illness. A terminal illness is an incurable or irreversible condition that has a high probability of causing death within one year or less. Completion of covered services shall be provided for the duration of a terminal illness, which may exceed 12 months from the contract termination date.
.
(5) The care of a newborn child between birth and age 36 months. Completion of covered services under this paragraph shall not exceed 12 months from the contract termination date.
.
(6) Performance of a surgery or other procedure that has been recommended and documented by the provider to occur within 180 days of the contract’s termination date.

  • Laws may change FASTER than we can keep up.  Be sure to visit the State of CA website on Insurance Law, before using anything in a citation.
  • AB 369 HN Bulletin Continuity of Care  health net pulse.com
  • Medicare Advantage Plans in 2015 will allow you to opt out if the MD Network is significantly changed.
  • medicare-advantage-plans/#comment-11065  carriers have been notifying clients if during the year a provider chooses to cancel their HMO contract since those folks have to pick a new PCP

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