Search Articles

Find Attorneys

Some Discover That Medicare Advantage Is to Their Disadvantage

When the Affinity salesman came to the door of 70-year-old Marcolina Sanchez's New York City apartment, he persuaded her to sign up for a Medicare Advantage private health insurance plan.

"He promised her better coverage [than traditional Medicare]," said Mrs. Sanchez's daughter, Catherine Santiago. "But when she went to see her regular doctor at her local clinic, she was told she couldn't go there anymore. She had to go to someone in the company's network. But why would my mother want to change doctors? No one told her that would be necessary.

Lincoln Richards, 75, of Palm Bay, Florida, had a similar experience after being persuaded to switch from regular Medicare to HealthFirst, another Medicare Advantage provider. Mr. Richards is still reeling from his discovery that HealthFirst would not cover the emergency care he needed when he fell in the street and injured his spine. Now, Mr. Richards has bills from the anesthesiologist and the hospital that he is unable to pay.

"The policy says I'm not insured to be seen outside their group, but I didn't even think of that then. I'm worried sick. I don't have that kind of money," he said. "It's hard enough to pay the premiums every month."

For both Mrs. Sanchez and Mr. Richards, and many others like them across the country, the problems with their new Medicare Advantage coverage have caused them and their families emotional distress and weeks of bureaucratic wrangling to disengage from the plans.

Medicare private health plans, called Medicare Advantage, have grown fast since 2003 when the Bush administration began showering them with increased subsidies to entice seniors to leave the traditional Medicare program. Thanks to the extra government money, these plans can offer seniors attractive benefits not found in traditional Medicare, like dental coverage. But sales agents rarely explain the network restrictions that prevent enrollees from receiving care from any Medicare provider, as they did before. In addition, Medicare Advantage enrollees often discover that they are incurring charges like co-pays for doctor visits that they wouldn't pay under traditional Medicare.

For Medicare advocates and many health professionals who work with the elderly, beneficiaries like Mrs. Sanchez and Mr. Richards are the real-world victims of the zeal to privatize the Medicare program, and their experiences are a cautionary tale for Medicare beneficiaries everywhere.

Rampant Marketing Abuses

The idea behind the federal subsidies for Medicare Advantage plans was that eventually the investment would pay off because the private plans would lower costs through competition and managed care. So far, the hoped-for payoff hasn't arrived; to the contrary, the plans have required the infusion of more and more cash over the years just to keep them from exiting the market. The plans currently receive between 12 percent and 19 percent more in federal financing than do traditional Medicare providers, amounting to a total subsidy of $5 billion a year.

Because the amount of federal money a Medicare Advantage plan receives is based on how many enrollees it has, in the last few years these plans have been working overtime to persuade as many traditional Medicare beneficiaries as possible to switch to their plan. Today, nearly 8.3 million of the 43 million Americans with Medicare have signed on with a private Medicare plan. But this growth has been accompanied by widespread reports of marketing abuses.

Gladys Cruz [not her real name] crossed paths with a HealthFirst representative in front of her New York City drug store, where, she claims, the salesman blocked her way and harassed her into buying. The salesman also offered her a drug store card that would enable her to get $600 worth of medicine free for signing up -- one of HealthFirst's most popular inducements.

"I hear those private insurance salesmen promise the world, and later the people find out they've got a huge co-pay or they can't see their usual doctor," said an office assistant at the geriatric medical practice where Mrs. Cruz is a patient. (Like Mrs. Cruz, the office assistant also requested anonymity.)

HealthFirst's vice president of external affairs, George Hulse, denies that his representatives harass elderly customers or confuse them by hiding restrictions.

"We are here to improve the quality of life for seniors, not to hurt them in any way," Hulse says. "We do not hard sell or cold call, and we have a verification line where an expert goes over everything with the seniors to ensure they understand all their options

For the Medicare Advantage plans, the extra federal money and marketing have proven to be enormously lucrative. In 2005, according to the Government Accountability Office, their profits were $1.14 billion more than projected.

Double the Amount of Paperwork

Discontent about Medicare Advantage plans has spread to health professionals as well. Elizabeth Oram, a geriatric nurse practitioner at St. Vincent's Hospital in New York City, has seen the havoc the new plans have wrought in her outpatient clinic.

"The best thing about working in geriatrics was that everyone had Medicare, so there were no concerns about how a patient would pay; I could see everyone," Oram said. "The new private Medicare plans have changed all this. The other day a woman arrived in a wheelchair, but I couldn't see her. She had a private policy, and we couldn't take it. These new plans have turned our department upside down, and given supervisors double the amount of hassles and paperwork."

Aggressive and deceptive marketing by Medicare Advantage plans has been the subject of hearings on Capitol Hill in recent months. In response, the Bush administration proposed new marketing rules for these plans. Among other provisions, the rules would prohibit cold-calling, door-to-door marketing and unsolicited selling in places such as waiting rooms and senior centers. However, many lawmakers and consumer advocates say that the federal Centers for Medicare and Medicaid Services (CMS), which oversees the Medicare program, lacks the manpower to enforce any new rules and that states must be given enforcement authority.

However, Congress in a single vote may already have done more than any regulation could do to curb marketing abuses. On July 16, 2008, it overrode President Bush's veto of a bill delaying a 10.6 percent pay cut to doctors who treat Medicare patients. The delay will be financed by a sizeable reduction in payments to Medicare Advantage plans -- $14 billion over five years. This could go a long way toward eliminating what the New York Times characterized in a May 21, 2008, editorial as "the root cause of the problem: the high subsidies that prop up these plans and make them so attractive to high-pressure marketers."

For critics of the playing field tilted to the advantage of the Medicare Advantage plans, the real issue is preserving one of the most popular government programs ever.

"It's about the future of Medicare," says Paul Precht, director of policy and communications at the Medicare Rights Center. "Paying out to companies more than it would cost under traditional Medicare only hastens the insolvency of Medicare and leads to its destruction."

For Marcolina Sanchez, it will be enough just to be able to see her regular doctor again.

For information on a Medicare Rights Center report, Too Good To Be True: The Fine Print in Medicare Private Health Care Benefits, click here.

For more on the Medicare program, click here.

Local Elder Law Attorneys in Your City

Elder Law Attorney

Firm Name
City, State

Elder Law Attorney

Firm Name
City, State

Elder Law Attorney

Firm Name
City, State


Created date: 07/15/2008
Medicaid 101
What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

READ MORE
How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

READ MORE
Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

READ MORE
What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

READ MORE
How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

READ MORE
Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

READ MORE
Medicaid Planning Strategies

Careful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.

READ MORE
Estate Recovery: Can Medicaid Take My House After I’m Gone?

If steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.

READ MORE
Help Qualifying and Paying for Medicaid, Or Avoiding Nursing Home Care

There are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.

READ MORE
Are Adult Children Responsible for Their Parents’ Care?

Most states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.

READ MORE
Applying for Medicaid

Applying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.

READ MORE
Alternatives to Medicaid

Medicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.

READ MORE
ElderLaw 101
Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

READ MORE
Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

READ MORE
Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

READ MORE
Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

READ MORE
Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

READ MORE
Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

READ MORE
Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

READ MORE
Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

READ MORE
Long-Term Care Insurance

Understand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.

READ MORE
Medicare

Learn who qualifies for Medicare, what the program covers, all about Medicare Advantage, and how to supplement Medicare’s coverage.

READ MORE
Retirement Planning

We explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.

READ MORE
Senior Living

Find out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.

READ MORE
Social Security

Get a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.

READ MORE
Special Needs Planning

Learn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.

READ MORE
Veterans Benefits

Explore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.

READ MORE