Blog

“Healthcare costs are a major concern for millions of people all over the nation, including you. Working for The Phia Group allows us to make a difference by containing those costs, and sharing what we've learned and done with a gracious audience.”
JENNIFER COSTA
Director, Claim Analysis, Customer Service & Training
Certified Subrogation Recovery Professional

Blog

Recent Posts

The Kavanaugh Hearings: The Future of Abortion and Obamacare at Stake
September 17, 2018
After more than thirty-two hours of testimony (and a record number of interruptions) before the Senate Judiciary Committee, the Supreme Court confirmation hearings for Judge Kavanaugh finally concluded last Friday. Republicans have already set a date for a vote and plan to have him seated for the Supreme Court’s new term, which begins in early October. Democratic opposition to Judge Kavanaugh is multi-faceted, but for our purposes, specifically related to health law, many fear he would vote to overturn Roe v. Wade and strike down the Affordable Care Act’s (“ACA”) pre-existing condition protections. Given the fact that a case ...
Texas v. U.S. Serves as Latest Threat to ACA’s Pre-Existing Condition Protections
September 12, 2018
This week has featured opening oral arguments in Texas v. U.S. as part of the latest formal attack upon the Affordable Care Act (ACA). The case features 20 Republican governors and state attorneys general pursuing a preliminary injunction on the ACA. Despite technically serving as the defendant, the Trump Administration is defending the law and instead a group of Democratic attorneys have intervened in the case to defend the ACA. Among the key items at stake is the federal law’s guarantee that those with pre-existing conditions will not be denied coverage.
Has the Life Expectancy of Drug Rebates Been Reduced?
August 29, 2018
We all know drug prices are off the charts and several attempts to control pricing have failed to get up and running. As you may recall, President Trump indicated during his campaigning that he would develop a plan to lower prescription medicine costs. The U.S. health secretary (Azar) is making some moves and has indicated that eliminating drug rebates may help reduce costs.
With the Lack of Guidance on AHPs, States Take Matters into Their Own Hands
August 22, 2018
Since the final Association Health Plan (AHP) rules were issued in June, many states have opposed them arguing they would create adverse selection. The argument is that healthy individuals would join AHPs as a cheaper option, because they do not have to cover certain benefits such as essential health benefits (EHBs), while unhealthier individuals would join the individual and small group markets for more robust coverage. As a result, the more people that move from the individual and small group markets, in order to join AHPs, will cause an increase in premiums for those markets making it less affordable ...
Patient Assistance Programs: Friend or Foe?
August 15, 2018
Prescription drugs are some of the most costly benefits for any health plan, especially for those plans that are self-funded. In 2017, total spending on prescription drugs in the U.S. reached $453 billion. Specialty drugs are particularly culpable, accounting for more than one third of all drug expenditures in 2016 despite making up less than one percent of all written prescriptions. In May, the Trump administration released a forty-four-page blueprint for executive action on prescription drug prices, entitled “American Patients First.” The document contained many strategies for combating rising drug costs; but it also focused in on the use ...
CMS Requires Hospitals to Post Standard Charges Online
August 9, 2018
Price transparency has never really been synonymous with health care. In fact, Kelly Dempsey wrote just more than a year ago about how a lack of clear and timely information on hospital billing practices continues to contribute to skyrocketing care costs, and the industry is currently no closer to a resolution. The Centers for Medicare & Medicaid Services (CMS) recently announced that it is attempting to address the issue by revising the pricing disclosure rules currently in place to ensure data is accessible to patients in a consumable format.
Paid Breavement Leave for New Yorkers
August 7, 2018
New York employers and companies with employees residing in the state may soon have to prepare for an additional leave under the state Paid Family Leave Benefits Law (“PFL”). The New York State Legislature recently passed a bill to amend the PFL to include bereavement leave. If signed into law this bill could allow employees to take up to twelve weeks of bereavement leave in a year… with pay.
Know when to fold ‘em
July 30, 2018
Last week, I teased this blog post on Linkedin with vague commentary about effective cost containment not being just about recovering as much money as possible, but also about being knowledgeable and understanding when its best to cut losses. One of the attorneys in our office is currently working on a file where a benefit plan may be ill-advisedly pushing the limits of the law. You see, in subrogation and reimbursement cases, there is a rule called the “Made Whole Rule”. This rule is one of equity that operates to eliminate a plan’s recovery rights when ...
FDA Approves Marijuana-Derived Drug for Seizures
July 25, 2018
In June, the US Food and Drug Administration (FDA) issued the nation’s first approval for a drug derived from marijuana-based compounds. The drug’s name is Epidiolex, and is used to treat patients with forms of severe epilepsy (Dravet syndrome and Lennox-Gastaut syndrome).
Trump Administration Halts Billions in ACA Payments
July 18, 2018
The Trump Administration has taken quite a beating from the Affordable Care Act. Click here to know what insurance companies will be forced to do.
Which path will the EEOC take in August?
July 16, 2018
Are you curious about the court case between the AARP & EEOC on wellness programs? If so, read here!
You Probably Can!
July 11, 2018
Have your clients ever decided not to utilize wrap networking? Research shows that wrap networks offer the best bang for your buck! Read here to learn more.
What Does FDA CBD Approval Mean For Self-Funded Plans?
July 2, 2018
The FDA recently approved medical marijuana for the United States. Read more to see how CBD will impact self-funded health insurance plans.
Expansive Paid Leave Legislation for Massachusetts Employers
June 29, 2018
Governor Charlie Baker recently signed new legislation that will directly impact employers of Massachusetts. Learn more about what this includes!
A Bit of Relief From the 2nd Circuit
June 27, 2018
The subrogation industry has taken a toll from the 2nd Circuit relating to the provision of employee benefits. Learn more about the issues of subrogation today!
Right to Try... Right for You? Understanding What is Right, and Wrong, for Self-Funded Plans in Response to the New Right to Try Law
June 21, 2018
Are you seeking insurance coverage options for drug treatment? If so, this article will explain everything about the new Right To Try legislation.
The MHP Hits Just Keep on Coming
June 20, 2018
Mental Health Parity violations keep resurfacing in court cases more frequently. Learn more about the recent case involving Catholic Health Initiatives here.
An Addiction to Health Insurance
June 18, 2018
Health insurance continually blinds people from the actual cost of healthcare. Read why more people are more addicted to health insurance more than ever.
The Complicated Issue of ACA’s Section 1557 and Gender Identity Protections
June 13, 2018
The Affordable Care Act prohibits health programs to discriminate people based on their attributes. But is gender identity protected? Click here to find out!
May Day: Two States Enact Individual Health Insurance Mandates
June 11, 2018
Many states have defied the Trump Administration’s repeal of Obamacare, but why? Click here to learn more.
Bridging the Gaps Between...Everything
June 4, 2018
Our new Phia Certification Program is to ensure all our employees understand our industry and how we operate. Click here to learn more.
How About Some Evidence?
May 23, 2018
You may be curious about the decisions made in the Montanile v Board of Trustees Supreme Court case. Read more about the new approach to third-party liability.
MHP – Are You Still Paying Attention?
May 16, 2018
Lawsuits and Department of Labor audits related to Mental Health Parity violations are still arising. Read more about the recent Munnelly v Fordham case!
One Shot at This
May 14, 2018
When writing plan documents, make sure to get it right the first time before handing to clients. Click here for everything I have learned & my story.
The Gap Doesn't Stop At the Document
May 9, 2018
There are many types of gaps within coverage including plan documents & network agreements. Click here to learn about all the gaps you should be aware of.
The Complications Surrounding Intermittent FMLA Leave
May 7, 2018
There are many complications dealing with Intermittent FMLA Leave. Click here to learn everything you need to ensure to administer this properly.
North Cypress Medical Center: What Does it Mean for RBP?
May 2, 2018
Reference-based pricing has a lot of hurdles for businesses and legality. Read here about the recent court case regarding patient pricing.
The Fax Machine and a Lesson in Incentives
April 30, 2018
Faxing is a very inefficient way to share records with doctors and insurance providers. However, there may be a better solution! Click here to learn more.
Senate Health Committee Hones in on Mental Health Parity Enforcement
April 26, 2018
The Senate Health Committee is working hard to strengthen mental health parity in insurance plans. Click here to see the effect on the self-funded industry.
Stories from the Front Lines…
April 17, 2018
The Phia Group constantly fights for the rights of their clients every single day. Read our amazing story on how we got our clients 2nd lien reinstated.
The Tangled Web of Eligibility
April 11, 2018
In this article, we talk about the BIG picture of eligibility issues, subsequent gaps, & continuation of coverage. Read here to get the BIG picture!
Hope Springs Eternal
April 9, 2018
Employers are moving to a self-funded model for their health benefits. Click here to understand that it is more robust and less costly for everyone!
Don’t Miss the Most Dynamic Healthcare Industry Event in New England!
April 4, 2018
The Phia Group is going to Benefest 2018! The purpose is to reshape and disrupt the entire healthcare industry. Read more for additional details!
The Phia Group Saves an Employer Thousands of Dollars
March 30, 2018
Have you received a letter from the IRS saying that you violated employer mandate rules and owe an ESRP penalty? Read here to get all the details.
Negotiated Rates Are King
March 29, 2018
Negotiated rates are extremely important in the self-funded insurance industry. Click here to see all the benefits!
Freedom Blue II: The ACA’s Unlikely Ally
March 26, 2018
The Trump Administration recently shut down Idaho’s conservative governor from ignoring the ACA. Read here to know exactly why this happened.
Responding to a IRS Letter 226J: Considerations and Common Mistakes
March 21, 2018
If you are an applicable large employer, the IRS could possibly be sending a letter. Read more about the 2 types of ESRP penalties that may affect you.
Freedom Fighters Abound…
March 14, 2018
There is no question that the vast majority of folks in self-funding, whether benefit or service providers, have a goal in mind; providing cost effective benefits to the insured.
Contraceptive Update – Appeals and Intervenors
March 7, 2018
Contraceptive update! Two lawsuits that have challenged the contraceptive coverage rule have created changed issued by the Trump administration. Read more about these and if they could be affecting your situation.
Clearly it’s (Not) Transparency
March 5, 2018
If the consumer of healthcare (the patient) is different than the purchaser of healthcare (the plan or insurance carrier), how will knowing the price change the consumer’s behavior?
What do All These New Paid Sick Laws Mean for Employers?
February 28, 2018
What do all these new paid sick laws mean for employers? As many states are starting to beginning to enact paid sick or leave time regulations, employers will need to understand this. If you are an employer or employee that would like to know more about your paid sick laws contact The Phia Group.
Freedom Blue: Idaho’s Challenge to the ACA Gets Serious
February 19, 2018
The Department of Insurance (“DOI”) have made announcements in regards to what insurers are able to do in the ACA. Learn more about the details of Governor Butch Otter's executive order that would let health insurers in his state sell new plans to market that did not comply with ACA rules.
Employer Mandate Enforcement: IRS Turning Up The Heat
February 15, 2018
The Employer Shared Responsibility Provision of the Affordable Care Act (ACA) continues to serve as a polarizing topic among employers and ACA supporters as the Internal Revenue Service (IRS) moves forward with its compliance efforts. If you have 50 or more full-time employees you could be affected.
The DOL’s Proposed Rule … A Sleeper Provision for Self-Funding?
February 12, 2018
Proposed regulations by the Department of Labor (DOL) make two important modifications to self-funding. Learn about them here and how they could be affecting you or your business.
Even the best Plans can backfire!
February 7, 2018
Success is not a given in the world of subrogation/reimbursement. Choose a subrogation firm like The Phia Group who will try to secure everything that is needed for a client. Contact us today to get started!
Your Plan isn’t a Cadillac …Yet
January 31, 2018
The most notable in the self-funded industry is the ACA’s High Cost Employer-Sponsored Health Coverage Excise Tax (“Cadillac Tax”). The Cadillac Tax was originally set to begin in 2018, but has been delayed again. Find out when your plan will become a Cadillac from The Phia Group.
Sick (Leave) Day: Maryland Revamps Paid Sick Leave Law
January 23, 2018
Maryland has become the latest state to mandate paid sick leave for employers with 15 or more employees. Learn about the permissible uses for earned sick and safe leave options that are stated in the law. The Phia Group offers their key takeaways and the ability to read the full Act here.
The RBP Stew
January 17, 2018
Reference-based pricing tends to be something you will love or hate. It is put together like a stew by compiling a ton of different ideas which can result in good stew or a very bland one. It can become very complex due to the industry and other factors. Read more about RBP with The Phia Group
A Backdoor Employer Mandate? Massachusetts Targets Employers to Shore Up the State’s Medicaid Program
January 15, 2018
Since 2011, approximately 450,000 people have lost their employer-sponsored insurance in Massachusetts. In the same time period, MassHealth enrollment increased by just over 500,000. The MassHealth program is literally drowning the state in debt, and so last year, Governor Charlie Baked signed H. 3822, which has two major components (beginning in 2018).
NOT SO FAST! Don’t Change Contraceptive Coverage Just Yet
January 10, 2018
Changing Contraceptive Coverage? You might want to wait. The new rules essentially allow any company that is not publically traded the ability to refuse to cover contraceptives on moral or religious grounds. The process for the exemption is also much more relaxed than the accommodation process.
Nice to see you, 2018. Should we Expect more of the same?
January 2, 2018
Avoiding reimbursement rights, self-funded plan structure, prudent management of plan assets or disbursement of settlement funds? No one can predict what will happen in 2018 but The Phia Group will be here to handle any subrogation law needs.
Pin the Tail on the Donkey & Other Blindfolded Games of Placement
December 27, 2017
Our industry (that being the self funded health benefits industry) is primarily a web-work of relationships. Unlike a large, traditional health insurance carrier, where all functions are located under one roof, in our industry key pieces of the greater whole are comprised of various independent entities.
House Bill Assumes Air Ambulance Providers are Underpaid
December 13, 2017
"Ensuring Access to Air Ambulance Services Act of 2017" this bill is designed primarily to alter the Medicare reimbursement to air ambulance providers. If you would like to learn more about this bill or if it has been impacting you, read about it here with The Phia Group.
Sacrificing the Individual Mandate on the Alter of Tax Reform
December 11, 2017
Want to know more about the glue of Obamacare? Perhaps the single most important piece of the Affordable Care Act (“ACA”) is its “individual mandate" Learn about how Americans have been required to obtain health insurance coverage that meets the government's definition of "minimum essential coverage" or pay a penalty.
Year Up at Phia!
December 1, 2017
The Phia Group has been beyond thrilled with our talented, dedicated members who have come to us through Year Up. Sheyla and Josh have become such essential members of our team – we feel truly blessed to call them a part of the Phia Family. We sat down with them to hear their thoughts and experiences.
A Little 2017 Holiday Cheer… Subrogation Style!
November 29, 2017
Everything in the subrogation world in 2016 was viewed through the prism of the Montanile decision from the Supreme Court. We take a look back at 2017 and how the Montanile decision was carried out and any other cases that factored into the court's decision. Read more here
Not all Illegal Act Exclusions are Created Equal
November 22, 2017
Want to know more about Illegal Act Exclusions? Not all of them are created equal. Illegal acts and illegal drug exclusions are prevalent in self-funded plan documents, but does the plan document wording align with the plan's intent? Learn more about Illegal Act Exclusions with us.
Welcome to the Fiduciary Jungle!
November 20, 2017
Welcome to the Fiduciary Jungle! Fiduciaries are being accused by the employees of wasting the plan's money on less-than advisable investments. Learn how this could be coming to the health benefits arena to shape up and take action now! Contact the Phia Group to learn how you can stay protected
MA Contraceptive Reform Update
November 13, 2017
Jen McCormick, Esq. reviews the bill the MA House passed ensuring that women retain access to no cost contraceptives.
Massachusetts on Track to Pass a Significant Cost Containment Bill
November 8, 2017
Brady C. Bizarro, Esq. explains the Massachusetts State Senators proposed comprehensive reform bill focused on health care cost containment.
Montana SB44 and State Efforts to…Do What, Exactly?
November 6, 2017
Jon Jablon, Esq. discusses Montana's recently passed SB44 and its impact on payment amounts due to out-of-network air ambulance providers in Montana.
Phia Undercover: Two Chargemasters at Addiction Centers
November 1, 2017
Phia shares a recent experience dealing with a high rate biller and how they were able to rethink the process to close the accounts for a fair rate.
The Irony of Equity – It’s Almost Never Fair
October 25, 2017
Chris Aguiar, Esq. shares a recent case involving equitable claims and the importance of having trusted advisors.
More Rule Changes?
October 18, 2017
Kelly Dempsey, Esq. provides an overview of recent rule changes released by federal agencies and the Trump administration affecting the 2018 renewal season.
An Appealing Option
October 16, 2017
Ron Peck, Esq. discusses the likeliness of facing a final appeal, possibly resulting in a plan being penalized.
Trump Administration Birth Control Roll Back
October 9, 2017
Jen McCormick, Esq. reviews the new HHS regulations allowing more employers to opt out of ACA preventive care contraception requirements.
Usually and Customarily Denied
October 4, 2017
Jon Jablon, Esq. discusses the importance of understanding how your stop-loss policy defines U&C before a portion of your paid claim is denied.
Another One Bites the Dust
October 2, 2017
Brady C. Bizarro, Esq. explains the collapse of the Graham-Cassidy repeal bill that would have replaced the Affordable Care Act.
In God We Trust; All Others Pay CASH…I wish…
September 25, 2017
Do healthcare providers offer discounts for cash payment? Learn more about the growing rate of physicians in the US who contract directly with their patients.
Natural Disasters (Hurricanes Harvey and Irma) - Don’t Let Them Wreak Havoc on Your Health Plan
September 13, 2017
Kelly Dempsey, Esq. shares the Department issued guidance related to Hurricane Harvey and what it means to employers and employees.
Stop Loss and My Infinite Sadness
September 11, 2017
Ron Peck, Esq. discusses potential savings opportunities when choosing stop loss coverage associated with your self funded healthcare plan.
Change is Good
September 5, 2017
Learn more about designing a valuable benefit plan for employees with ERISA in mind.
Uncertainty Prevails in the Health Care Debate
August 30, 2017
Review a detailed recap of changes thus far concerning the Affordable Care Act (ACA) for the 2017-2018 enrollment period.
RBP Bloopers & Blunders
August 28, 2017
Find out what to focus on and what to avoid when setting up your company's health plan reference based pricing. Learn more today.
Hope for Self-funded Plans in Connecticut..
August 16, 2017
Check out our article on what you need to know about Connecticut law HB 6221 and how it affects you.
The Benchmark Shuffle
August 9, 2017
Ensure your company is compliant with revised health care benchmark summaries released in 2017. Learn more today.
A House Divided
August 7, 2017
Find out how to avoid health plan and stop loss disagreements for self-funded health insurance claims with this helpful article.
Reverse Medical Tourism
July 31, 2017
Medical tourism offers many cost-containment options in reducing health care costs. Find out if this makes sense for you.
Reference-based Pricing: Decisions, Decisions…
July 26, 2017
Sort through the RBP pricing confusion and ask these questions to make the best decision for your company. Learn more.
The Rise of Paid Family Leave Laws & Their Impact on Self-Funded Plans
July 24, 2017
Understand the evolution of paid family leave laws. See which states passed laws and how much paid time they're required to offer. Learn more today.
Magical Words in Claim Negotiation: “Please Send Claim Back for Processing”
July 19, 2017
Jason Davis shares his 15 years experience in healthcare negotiation and offers ways to handle pushback from seemingly abusive providers.
Can’t We All Just Get Along?
July 12, 2017
Every once in a while you come across a plan that doesn’t want to comply with its stop loss contracts and/or obligations. It’s important that everyone realizes that we need each other to survive.
Spinning the Web of the Plan Document
July 7, 2017
Kelly explains the importance of reviewing plan revisions for errors causing gaps in stop loss policies and further complications. Learn more.
Altogether Now… But Not a Single Payer
July 5, 2017
Ron Peck, Esq. explains the problems with a Single Payer System, the differences between types of insurance and how costs are determined. Read more now.
It’s Time for a Wake-Up Call!
June 26, 2017
Learn more about how to educate your employees and get them involved in making healthy choices to benefit themselves and their healthcare costs.
Full Billed Charges: A Question of Geography
June 21, 2017
Do providers reserve the right to receive full billed charges from your plan? How is your plan set up? Find out with this helpful article.
Behind Closed Doors
June 19, 2017
Brady C. Bizarro, Esq. discusses the leaked bits of healthcare information from our government so far in 2017. What does this mean for you? Learn more today.
“Stay away from Back Surgery”: A Warning from NBA Coach Steve Kerr
June 14, 2017
As orthopedic surgeries are more commonly recommended, the cost continues to increase. Will we see a 400% increase by 2030? Learn more.
A Win for the Good Guys!
June 7, 2017
Is an SPD enough when standing up against benefit plan reimbursement rights? We explain why the 5th Circuit ruling helps. Read more now.
The Rules of the Game are Still Changing
June 1, 2017
Find out how the executive order passed May 4th, 2017 instructs involved agencies when making decisions about contraceptives.
Bite the Hand
May 30, 2017
Ron Peck, Esq. discusses the issue of private payers being charged inflated amounts and what the future can hold. Read more today.
It's Never Too Soon
May 22, 2017
Learn more about how to properly plan for upcoming healthcare changes and look at cost containment measures with these questions and feedback.
Dear Stop-Loss: A Ballad
May 15, 2017
With all the concern surrounding healthcare changes, read this ballad about insurance and stop-loss for a laugh...
You Are Not Going to Sue Us, Are You?
May 10, 2017
We take a look at a case where a client was billed thousands per day for similar treatments under different company names. Learn more.
Adam’s Key Takeaway from the 2017 MassAHU Benefest Conference
May 4, 2017
We discuss the importance of empowering employees understand the actual cost of care and making healthy changes. Read more today.
A Call for Defensive Legislation
May 3, 2017
Find out more about how the House of Representatives bill passed April 5th, 2017 helps regulate stop-loss insurance redefinition.
Words with No Meaning...
May 1, 2017
Chris shares an example of why it's important to choose your words wisely and make sure you say what you mean when it comes to accident questionnaires.
Transparency – It’s Not Just for Ghosts
April 26, 2017
Kelly Dempsey, Esq. shares a personal experience with different charges for the same services. Learn more today.
Pay the Cost to be the Boss!
April 24, 2017
Educate your staff and empower them to make the best choices, as illustrated by Ron Peck, Esq.'s example. Read more now.
Cyborgs – Moving From Science Fiction to Science Fact
April 20, 2017
The cost of prosthetics developed from new technology are expensive, but trend shows costs reduce as new technology develops. Learn more.
My Trip to the Emergency Room
April 18, 2017
Jen McCormick, Esq. shares an experience with her toddler and a family physician recommendation to the ER. Read more.
I Fought The Law and…Unpredictable Results Ensued
April 12, 2017
Jon Jablon, Esq. discusses whether it's worth the risk to involve legal parties with billing due to unpredictable results. Learn more today.
Repeal and Replace Faces a False Start
April 10, 2017
A look at the possible impact on employer-sponsored health insurance with developing government decisions. Learn more.
Sometimes... The Truth Hurts...
April 5, 2017
Out-of-control billing is a huge problem in our healthcare system today. Learn more about what you can do to take control.
Trump’s Healthcare Bill Failed… Here’s Why
April 3, 2017
Until we challenge hospital costs, specialty drug charges and others, we'll continue overpaying. Learn more about what you can do.
U.S. Airways v. McCutchen – Where Are they Now?
March 29, 2017
We discuss the differences of known self-funded healthcare plans and compare them to U.S. Airways Vs. McCutchen. Learn more.
Bidding Against Themselves: $750K Air Ambulance Claim Adventure
March 29, 2017
Phia explains the importance of having good legal representation in this case about a $750,000 Air Ambulance Charge. Read more.
Bidding Against Themselves: $750K Air Ambulance Claim Adventure
March 28, 2017
The Phia Group explains the importance of having good legal representation in this case about a $750,000 Air Ambulance Charge. Read more.
Health Insurance is NOT Health Care
March 23, 2017
Phia Group Senior Vice President and General Counsel Ron E. Peck, Esq. discusses rising insurance premiums and what we need to do to evaluate those.
Keep Hands, Arms, Legs, and Feet Inside the Ride at All Times and Remain Seated Until the Ride Comes to a Complete Stop
March 22, 2017
Learn more about what to expect with all of the new changes in the healthcare industry.
If I Can Change, So Can The Average American
March 15, 2017
Learn more about why you should evaluate your health care plans and what to look for in your bills.
ACA to AHCA… A Look Back on the Past 7 Years
March 13, 2017
Learn more about how the American Health Care Act has evolved over the past 7 years.
The Cost-Containment Carve-Out Compliance Conundrum
March 8, 2017
Learn more about the compliance conundrum caused by health plans with "carve-outs"
Cornelius B. FAISON, Plaintiff–Appellee v. DONALSONVILLE HOSPITAL INC., Defendant–Appellant.
March 6, 2017
Appeal from the United States District Court For the Middle District of Georgia. D.C. Docket No. 1:11–cv–00010–WLS.
U.S. Supreme Court Rules Against Subrogation Rights … What Now?!!
March 6, 2017
The Supreme Court of the United States issued an 8-1 decision in favor of the plan participant in the case of Montanile v. Board of Trustee of the National Elevator Industry Health Benefit Plan
Montanile Changes Subrogation – How Will You Respond?
March 6, 2017
On January 20, 2016, The Supreme Court of the United States decided in favor of the plan participant in the case of Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan. Learn More.
Second Quarter Newsletter 2016 – The Stacks
March 6, 2017
The Cost of Healthcare in The US is Arbitrary and Out of Control
Don’t get cute when ERISA documents are requested
March 6, 2017
The Employee Retirement Income Security Act generally requires that plan participants get copies of summary plan descriptions, plan documents and annual reports when requested.
Can FMLA leave be involuntary? Court punts
March 6, 2017
A federal court hearing an FMLA interference case has sidestepped deciding whether it is legal for an employer to place an employee on involuntary FMLA leave.
Federal Judge Denies United Healthcare’s Motion to Dismiss in Case Brought by Texas General Hospital for Unpaid & Underpaid Claims
March 6, 2017
In January of 2015, Texas General was the subject of intense scrutiny after a FOX 4 investigation revealed multiple billing complaints. A woman who underwent gastric sleeve surgery was charged a total of $622,000, most of which her insurance company, United, refused to pay.
Employer-sponsored Plans Should Prepare to be Taxed
March 6, 2017
The latest news in the repeal and replace saga is that congressional Republicans are pushing to get a bill to the Senate by the end of this month.
It will be my pleasure to balance bill the patient $1.3 Million…
March 1, 2017
Hospitals report their complete financial information to the Centers for Medicare and Medicaid Services (CMS). This publicly-available information is submitted in accordance with generally accepted accounting principles.
The Guilty Shall Remain Nameless – Yet I shall Shame Them… Again
February 27, 2017
In this second installment of “The Guilty Shall Remain Nameless” I can’t help but think back to an encounter I had with a walk-in clinic in Las Vegas, Nevada. Read More.
4 main tenets of the GOP’s ACA replacement plan
February 20, 2017
House Republicans gathered Thursday to discuss a policy memo detailing their ACA replacement plan. The details presented at the meeting did not comprise a full-on plan and instead created more of a roadmap.
15 Things to Know About Stark Law
February 20, 2017
Enacted more than two decades ago with the simple purpose of curbing physician self-referral, Stark Law has evolved into a complex set of regulations.
Healthcare Need Not Be a Headache
February 20, 2017
My PCP is a great doctor, but I hate visiting him. I only live 2 minutes from his office, but somehow, my quick visits usually turn into long excursions. Read More.
Summary of Benefits and Coverage- NEW Template
February 17, 2017
The new Summary of Benefits and Coverage (SBC) template is applicable for plans that have open enrollment periods beginning on or after April 1, 2017. Read More.
House G.O.P. Leaders Outline Plan to Replace Obama Health Care Act
February 17, 2017
House Republican leaders on Thursday presented their rank-and-file members with the outlines of their plan to replace the Affordable Care Act.
In the Spotlight… Or the Crosshairs? Healthcare Discussion.
February 16, 2017
This is a time of political upheaval, and the powers that be are scrambling to find a replacement for the status quo. If self-funding is linked to these types of issues, conflict, and loss, we will not be the future of health benefits in America.
How expensive are knee replacements in the 20 largest US cities?
February 16, 2017
The total price includes hospital services, physician services and anesthesia, according to Healthcare Blue Book.
CMS projects next decade of health expenditures: 5 takeaways
February 16, 2017
National health spending is expected to grow at an average annual rate of 5.6 percent from 2016 through 2025, with expenditures projected to hit $5.5 trillion in 2025
First Proposed ACA Rule Changes
February 15, 2017
Today we got our first new proposed ACA rule changes from the Trump Administration. One of the proposals was to decrease the open enrollment window for individuals to sign up on the insurance exchanges.
IRS loosening enforcement of ObamaCare mandate
February 15, 2017
The IRS says it will not reject tax forms from people who fail to answer whether they had health insurance
A Canadian Pays Cash for Care
February 15, 2017
In spite of the fact that I did not use insurance at all, we can still take my personal experience as a case study about the benefits of real-time payment for medical care.
Humana Plans to Pull Out of Obamacare’s Insurance Exchanges
February 15, 2017
Humana announced on Tuesday that it would no longer offer health insurance coverage in the state marketplaces created under the federal health care law. Read More.
Land of 10,000 Stories: Cop and Homeless Veteran
February 15, 2017
Big medical bills are a problem for many Americans. But few services deliver a bigger surprise hit than a life-saving ride on an air ambulance.
The Guilty Shall Remain Nameless – Yet I Shall Shame Them
February 14, 2017
I went to the ever famous, “doc in the box.” Prior to walking into the reception area, I told myself I would report as self-pay, not tap my health insurance, and see how it all might shake out.
Empower Your Plans!
February 14, 2017
The United Benefit Advisors recently came out with the average cost of premiums for health insurance in every state. Let Phia help you empower your plan!
The Time of Uncertainty
February 13, 2017
At a recent Republican retreat, someone secretly recorded discussions regarding the repeal of the Affordable Care Act.
Ignorance Is Not A Defense
February 13, 2017
Healthcare is a bill that is oft footed by someone else – so why should we care? We all need to challenge ourselves to be open to viewpoints – listen, learn, and be educated.
We Have a New Secretary of HHS
February 10, 2017
In a rare overnight session, the Senate voted 52-47 (along party lines) to confirm Tom Price (R-GA) as Secretary of HHS. He will be managing a department with a $1 trillion budget and have the authority to rewrite ACA rules.
It’s Tax Time – Do You Know Your 6056 Deadlines?
February 10, 2017
The tax season is officially upon us. Reporting requirements under ACA Section 6055 and 6056 are still in effect for the 2016 calendar year.
From the Waiting Room: Health Insurance
February 9, 2017
I recently found myself in a doctor’s waiting room. I overheard another patient arguing with the office administrator. The gist of it was that he was being balance billed for an amount exceeding what insurance paid.
No News Is Good News For Healthcare Providers
February 9, 2017
Much like a pendulum, there is a swing from right to left with different sides trying to tell their message and incite a reaction; a swing not seen on such a public scale in our own Health Care Industry.
Overpayment Success Story: Dialysis Claim
February 9, 2017
A dialysis claim was adjudicated at the regular out-of-network rate instead of the dialysis carve-out rate of 130% of Medicare.
Self-Funded Employers Beware the Network!
February 8, 2017
Self-funded employers should be careful when selecting networks. In some cases, low discounts, anti-audit clauses, unseen provider agreements, and upside-down DRGs can cause more problems than the network access is worth.
The Details of Your Coverage Plan Matter
February 8, 2017
Employers face many, many regulatory burdens. There is an ever-increasing number of federal regulations to abide by, and each state maintains its own set of regulations
A Canadian Pays Cash for Care – Part One
February 8, 2017
I paid for the procedure, had no claim to worry about, and the care was excellent. Read more about how I did this.
Mental Health Parity and Claim Negotiation
February 8, 2017
When choosing claims to have negotiated, don’t worry about mental health parity. While it’s an important set of laws, it primarily protects patients from having higher responsibility. Read More.
Call Me Corny: Discussion on Healthcare
February 6, 2017
Healthcare in our country is too expensive. The money is being spread around, and wasted. Is there greed? Sure. But there is also inefficiency.
10 Things to Know About Athena Health
February 6, 2017
Here are 10 things to know about Watertown, Mass.-based athena health, one of the largest publicly traded companies in the world providing medical record
As language shifts to ACA ‘repair,’ Pence reaffirms commitment to ‘repeal and replace’
February 6, 2017
Although some Republican lawmakers have begun to discuss a more tempered goal of “repairing” the ACA instead of tearing it down, Vice President Mike Pence on Thursday said the Trump administration is still committed to repealing and replacing it
I Have A Bridge to Sell You- Healthcare Discussion
February 6, 2017
As long as we make decisions based on extremes intended to sell headlines or keep an elected post, we’re missing the point.
ACA Section 1557 – Federal Court Injunctions, Executive Orders, Repeal/Replace, Oh my!
February 3, 2017
A federal court injunction related to 1557 was granted on 12/31/16, temporarily stopping portions of the rule—discrimination on the basis of gender identity & termination of pregnancy—from becoming effective.
Massachusetts Braces for ACA Repeal
February 3, 2017
A number of state lawmakers, consultants, and industry experts offered their opinions on how the Commonwealth could move forward in a post-ACA world.
Enough to be Dangerous- Benefit Plans discussion
February 2, 2017
One issue I’ve been running into relates to attorneys that “know” benefit plans are required by law to provide a notification of adverse benefit determination any time they pay less than the charged amount.
Change Often Starts with a Conversation
February 2, 2017
My wife, quite literally, has no idea what I do for a living. When friends and family ask, she normally replies, “…he does something with subrogation…and it involves health insurance.”
An Unlikely Recovery
February 2, 2017
The Phia Group’s overpayment specialists received two claims – same provider, same patient – totaling over $760,000. The reason for the refund was that the original repricing was incorrect.
Phia Group Consulting Is Always Ready to Help
February 1, 2017
Phia is continuously searching for ways to evolve and improve the plan drafting process for our clients, including notification of key compliance changes.
Relationships Matter in Resolving Claims Disputes
February 1, 2017
Phia received a $60K claim caused by a serious fall while the member was hiking. The member was taken to the nearest hospital which was out of network, and where the client had a history of 20% discounts.
For Some, the Affordable Care Act Is a Lifesaver. For Others, a Burden.
February 1, 2017
After President Trump and the Republican-controlled Congress vowed to repeal and replace the Affordable Care Act, millions of Americans have been left wondering about the future of their health care.
Diabetes patients sue 3 drug companies over alleged fraudulent insulin pricing
February 1, 2017
Eleven diabetes patients are suing several drug companies for alleged collusion on insulin pricing. Read More.
Industry Trends & Demands- Alaska to Maine
January 31, 2017
This week I will be lucky enough to be a speaker at the Alaska Association of Health Underwriters Annual Expo in Anchorage, Alaska. It will be my privilege to spend time with this great group and focus on innovating in the self-funded space.
Billing Itemization Required?
January 31, 2017
Question: is a medical provider required to give an itemization as part of the billing? Answer: Generally no.
Beth Israel, Lahey in advanced merger talks
January 30, 2017
Beth Israel Deaconess Medical Center and Lahey Health have announced plans to combine forces for the fourth time, a move that would create an entity rivaling the size of Partners HealthCare.
What is ‘Repeal and Replace?’ A Guide to Trump’s Health Care Buzzwords
January 30, 2017
President Donald Trump and GOP lawmakers have yet to come up with a plan to repeal and replace the Affordable Care Act.
Innovation at Its Finest- Cash Only Payment Model
January 30, 2017
Read about Dr. Smith's journey to a cash-only payment model. Contact The Phia Group to find out how you can innovate and contain costs within your employee benefit plan.
A Personal Experience- Self-funded Employee Benefit Plan
January 30, 2017
The Phia Group’s self-funded employee benefit plan is not just the plan my employees are on, it’s the plan my wife, four kids, and I are on.
Concerns about Health Care Coverage Mandates
January 27, 2017
One of the biggest unknowns of the Trump Administration’s health policy priorities is whether or not the new administration plans to repeal the individual and employer mandate.
LOA = Continuation of Coverage, or does it? One of the “Gap Traps”
January 27, 2017
It’s intuitive to think that a leave of absence (LOA) from employment is coupled with a continuation of health plan coverage (CoC), especially if the leave is illness related
Egregious Billing Hits the Common Man – Who Now Has a Place to Vent Their Frustration
January 26, 2017
For those of us who are embedded in the health care industry, we know that the greatest issue with health care in America is the price tag.
Keeping the “Benefit” in Benefit Plans
January 26, 2017
Once upon a time, employers offered employees “benefit plans,” with an eye toward attracting and retaining a talented workforce. The word – benefit – literally means something good; positive; of added value.
The Big Elephant in the Room….
January 26, 2017
From day one, over 16 years ago, we have offered overpayment recovery services, but over the last year, I have seen the largest growth in this service.
HIPAA Special Enrollment vs. Section 125 Permitted Election Change – There is a difference!
January 25, 2017
An individual may want to adjust their health plan enrollment. For example, if a plan member’s spouse loses plan coverage due a reduction in hours it will likely trigger a HIPAA special enrollment under the health plan.
Want to improve health care? Focus on hospitals
January 25, 2017
As Congress and the Trump administration debate the future of America’s health care system they should go beyond the issues of access and cost and recognize an equally important priority
HHS nominee Dr. Tom Price’s 2nd confirmation hearing: 5 things to know
January 25, 2017
Rep. Tom Price, MD, R-Ga., faced another four hours of cross-examination Tuesday, this time with the Senate finance committee. Here are 5 things you need to know about the hearing.
Another Successful Balance Billing Negotiation
January 25, 2017
Phia received a $167,000 claim from a Surgery Center (Spinal Decompression) where a client tried to negotiate it on their own and were unsuccessful.
The Gap Trap
January 24, 2017
We work closely with some excellent carriers that look for reasons to pay claims and are a pleasure to interact with – but there are also carriers and MGUs out there that will do whatever they can to deny claims.
The ACA, a New Congress, and President Trump – Oh My….
January 24, 2017
On Friday January 20th, President Donald Trump signed his first executive order, directing agencies to give more leeway to the states in the way that states implement (“carry out”) the Affordable Care Act.
Attack on ERISA Preemption Continues…
January 23, 2017
ERISA preemption seems like such a simple concept; further proof that reasonable minds can disagree
Welcome to our New Blog!
January 23, 2017
Welcome to the newly updated passionforsubro blog. Starting today, you all will get daily updates, comments, tidbits, opinions, and fun facts from the many outstanding team members here at The Phia Group.
GOP on ACA replacement: Who wants what?
January 23, 2017
Republicans in Congress have already laid the foundation for an ACA repeal through the reconciliation process, but what will replace the law still remains uncertain.
With executive order, Trump tosses a ‘bomb’ into fragile health insurance markets
January 23, 2017
President Trump’s executive order instructing federal agencies to grant relief to constituencies affected by the Affordable Care Act has begun to reverberate throughout the nation’s health-care system
Pressure mounts on GOP for post-Obamacare plan following CBO report
January 18, 2017
at least 18 million people could lose health insurance in the first year if Congress repeals the Affordable Care Act without replacing it
Health Secretary Pick Tom Price Faces Questions on Stock Trades, Obamacare Plans at Confirmation Hearing
January 18, 2017
Tom Price vowed at a Senate hearing Wednesday to fight government regulations he said burden doctors and patients while Democrats voiced alarm his policies would gut federal health insurance programs.
Congress Eliminates Huge Penalties On Small Employers’ Health Insurance Reimbursement Arrangements
January 17, 2017
First it was no problem. Then it was a huge problem. Then it was going to be a huge problem. And now it’s no problem again. Read More
Trump vows ‘insurance for everybody’ in replacing Obamacare
January 17, 2017
U.S. President-elect Donald Trump aims to replace Obamacare with a plan that would envisage “insurance for everybody.”
Cigna CEO: ACA health plans perform best under ACO model
January 16, 2017
Cigna CEO David Cordani said the payer’s ACA health plans made the most financial sense when they networked with ACOs.
What insurance market fixes can the GOP cram into an ACA repeal bill?
January 16, 2017
Republicans risk crashing the individual insurance markets and causing 30 million Americans to lose coverage if they repeal the Affordable Care Act without replacing it
Why Trump’s Obamacare Promise Will Be So Hard to Keep
January 16, 2017
As a candidate back in July 2015, Donald J. Trump promised that he would repeal Obamacare and replace it with “something terrific.”
We Asked People What They Know About Obamacare. See If You Know The Answers
January 16, 2017
The Affordable Care Act brought the rate of uninsured Americans to a record low 9 percent in 2015.
Kaiser Health Tracking Poll: Health Care Priorities for 2017
January 12, 2017
The latest Kaiser Health Tracking Poll finds that health care is among the top issues, with the economy and jobs and immigration, Americans want President-elect Donald Trump and the next Congress to address in 2017.
US Sen. Rand Paul casts protest vote as Senate takes first step toward ACA repeal
January 12, 2017
Republican Sen. Rand Paul, MD, of Kentucky, on Wednesday voted against legislation designed to aid in the repeal of the ACA, reports USA Today.
100-year-old doctor still working at Mass General Hospital
January 5, 2017
After decades of work at Massachusetts General Hospital in Boston, Dr. Walter Guralnick cut back.
AMA to Congress: Lay out ACA replacement before repeal
January 5, 2017
The American Medical Association called on Congressional leaders to outline an ACA replacement plan before repealing the healthcare reform law.
FACT CHECK: Once Again, Lawmakers Are Stretching The Facts On Obamacare
January 5, 2017
President Obama and Vice President-elect Mike Pence were both on Capitol Hill, making competing cases for and against Obama’s signature health care law.
Opinion: I’m a former health insurance CEO and this is what Obamacare repeal will do
January 3, 2017
There’s a joke among insurers that there are two things that health insurance companies hate to do — take risks and pay claims. But, of course, these are the essence of their business!
Aetna to subsidize Apple Watch for health monitoring
September 28, 2016
Health insurer Aetna will subsidize Apple Watches for select large employers and individual policyholders during November’s open enrollment as a healthy living initiative.
Recoupment or Embezzlement? Cross-plan Offsets in the Crosshairs
September 26, 2016
When a self funded employee benefit plan, or indeed any payer of health benefits, overpays a benefit claim to a medical provider, it is often a tall task to later secure refunds.
California Senate Approves Reference Based Pricing
September 8, 2016
A measure to protect California consumers from surprise medical bills moved closer than it’s ever been to becoming law when the Senate approved it Monday with a 35-1 vote.

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