Can a procedure be

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a procedure be

I’m on workman’s comp. I had to have a surgery and my insurance approved it, so I had the surgery, however now my insurance isn’t covering it. Can they do this?

Asked on June 14, 2018 under Insurance Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There are situations where they could refuse to cover it now, such as:
1) Your insurance lapsed before the actual surgery--they only have to cover if your insurance is still in place when the procedure is performed.
2) Something changed between when they approved it and when you had the surgery--for example, it ended up being done by a surgeon or facility which was not part of their network; the scope or type of surgery changed from what you told them it would be, and what was done is not covered. An approval is only good for the facts on which it was based.
3) They discovered some fraud or misrepresentation (basically lie) in what you had told them in order to get the procedure approved--a misrepresentation lets them disclaim or avoid coverage.
On the other hand, if everything you told them to get the approval was accurate, nothing changed since then, and your insurance is still in place, they should be covering the procedure and honoring what they told you--if they won't, you could sue them for breach of contract (an insurance policy is a contract), for violation of the implied covenant of good faith and fair dealing (the obligation to essentially not cheat or abuse the other party to a contrract), and/or on promissory estoppel (you made significant plans--surgery--based on their promises that it would be covered, which promise it was reasonable for you to rely upon, and so they should be held to it; promissory estoppel cases are difficult, since the law does not like enforcing promises which are not themselves part of or made in a contract, but it is another possible ground to hold them to what they said which you could bring up).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption