DOCTORS with the state medical society have come up with a way to address consumer angst surrounding health maintenance organizations.
Among the bills they are pushing the in General Assembly is one that would penalize medical directors at HMOs -- including medical license revocation -- if a patient is hurt by an HMO's refusal to pay for medical treatment. This is a toned-down version of another bill -- a long shot -- that would allow patients to sue their HMOs.
Both address the real worry shared by patients and doctors that some overly cost-conscious HMOs are denying patients needed medical treatment. And both bills attempt to do something about the frustrating fact that -- unlike doctors -- HMOs can't be sued or otherwise held accountable for decisions that harm patients.
Although the bills address valid concerns, the solutions they offer are unwieldy. One bill would subject HMO medical directors to second-guessing by peers long after patients are harmed. The other could encourage expensive malpractice suits.
Doctors have reason to complain if HMOs refuse to pay for treatments simply because a patient's symptoms don't meet their cookbook formulas. Patients shouldn't be forced to choose between paying themselves for the medical care their doctor recommends or settling for a cheaper, HMO-approved alternative.
When these situations arise, the best solution is to give doctors and patients an immediate chance to appeal. That's the aim of a Maryland law that took effect Jan. 1.
It requires HMOs and other health plans to explain reasons for treatment denials -- and an opportunity to appeal them all the way to the state insurance commissioner.
Ten weeks in, it's too early to tell whether the new law works. Doctors rightly warn of one hitch: It doesn't cover the one-third of patients who get health-care coverage from large, self-insured companies. Under federal law, these groups are exempt from state laws.
Anxious to avoid more regulation, officials with Maryland's HMO industry are expected to tell a House committee tomorrow that they will extend appeal rights to more HMO patients. Faced with mounting public concern, the national HMO association last month urged its 1,000 HMO members to guarantee all patients binding, independent appeals.
If appeal boards work as promised, the public's anxiety about HMOs should be lessened considerably. If they don't work, legislative options can be revisited.