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Woman sues after insurance company rejects surgery claim, rescinds her policy

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By NANCY WEST
New Hampshire Sunday News

Loudon resident Penny Young is suing Celtic Insurance Co., claiming it dropped her coverage when she needed it the most. The company's actions have resulted in about $20,000 in unpaid claims, Young said, and many, many sleepless nights.

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YOUR COMMENTS


The sooner we have national health insurance reform that prevents insurers from even considering pre-existing conditions, the better. I moved from NH to Massachusetts a couple of years ago in large part because my employer-provided group coverage ended when I retired and the hassle and expense of dealing with NH's insurer's was outrageous. By moving over the border I was able to comply with Massachusett's healthcare law by purchasing better coverage than I could have got in NH (i.e. no restrictions due to pre-existing conditions, no deductibles, pharmacy coverage, access to Boston teaching hospitals, etc.) Insurer's have had long enough to clean up their act and they haven't so it is time to compel them to act with decency. And, if that doesn't work, then it is time to put most of them out of business with a single payer system.
- David Ryan, Andover, MA

THIS IS WHY EVERYBODY SHOULD SEE SICKO BY MICHAEL MOORE
- martin, ill

What we are talking about here is a division of responsibility. Sure, people need to be truthful on applications, but you also need to consider the average person's ability to answer the questions completely and with a sufficient amount of detail. Doing an investigation on applicants would cost money, but due diligence would seem to require it because it avoids terrible situations like this. Face facts, insurance companies are in a far better position to review an application for completeness, and if they have the money and resources to do it AFTER someone makes a claim, then they CERTAINLY can manage to do it when someone applies. They take people's money and hope they dont make claims, and then if they do, they find a way not to pay out. You can spin it any way you like, but thats the simple truth. Write to your lawmakers.

To Don from rochester and the underwriter. Individuals that fill out health insurance applications are easily overwhelmed by the process. They are generally ill equipped to answer obnoxiously broad questions along the lines of "list EVERY medical problem you've had in the past ten years". This is especially true for those with complex medical histories. Also, not every patient treated for symptoms of anxiety is aware that they have been labeled with an "anxiety disorder". It just doesnt work that way, particularly if they are treated at a family practice.
- Patrick, Goffstown

This is my second comment on this issue.

While the woman may or may not have had pre-existing conditions, how many of them were connected to her knee? If she had elbow issues, and later (meaning, after she bought the policy) injured her knee while jogging, there is no connection between the two.
On the other hand, if she previously had a torn ACL in her right knee which was undisclosed, and then later tore the MCL (Medical Colateral Ligament) in her left knee, it could be argued that she did have previous knee problems. Even then, an ACL and an MCL are entirely different issues, but if they are in different knees then there is no direct connection.
The point is this: If an undisclosed medical issue is unrelated to the nature of her claim, then the claim should be honored. On the other hand, if it is related then the claim should be denied.
- Don, Rochester

I'm am an independent insurance agent, and I'll say right up front that I'm not a Celtic fan. I generally recommend other options for my customers. With that said, I don't see that they are technically in the wrong here.

Mrs Young said she wouldn't lie on her application and that she answered to the best of her abilities and was confused by the "medical jargon..." Here are the questions to which a "Yes" answer would have gotten her declined up front and not down the road... "Within the last 10 years, has anyone to be insured been counseled or advised that they have, or may have had ANY disease, disorder or impairment..." That doesn't sound very confusing. Unless all those conditions mentioned in the article were more than 10 years ago, she lied. One of the questions asks specifically about "emotional, psychological, psychiatric or nervous condition or disorder." She was treated for anxiety. That just doesn't seem that confusing to me.

Her lawyer wonders if his homeowners insurance will be cancelled after a fire... Well it would be if he neglected to mention that there was an open flame near combustible materials at the time of application. Use a little common sense.

No body like the big, bad insurance companies, and they have certainly made their own bed. The laws are what they are. They were put in place and allowed to continue by the folks that we all elected.

For you folks saying that Celtic should have to pay her money back, they do have to and they already have deducted that amount from the claims they have paid for her. It says it right in the article.

I'm sure Ms Young is a nice woman and for the most part honest, but her application was not truthful, and that gives the insurance company the right to get off the hook. Doing this research on EVERY application that a company receives will only increase the cost of insurance further. If she were honest about her history, they wouold have done this research up front and this all would have been avoided.
- T, Dover

Bingo! A great example of why we need the health reform bill passed.
- Gary, Bedford

Insurance companies don't routinely do thorough investigations of new applicants with a good reason. It costs a lot of money to obtain and review medical records, and if the company did that routinely for all or most of the applicants the cost of insurance would be even more outrageously expensive than it is already. If an applicant doesn't report any significant medical conditions on the application and he/she reports being healthy with no significant medical conditions, then the company would see no reason in doing a thorough investigation. the application is a legal document and if she didn't report her medical history accurately then the company can use that as a reason to rescind the policy in the future. It is a harsh reality but necessary to help keep the cost of insurance down.
Some medical conditions such as a couple reported in this article may not seem significant to the average person but they can cost a lot of money in maintenance and future treatment. If the company had known about all of them it may have rated her and charged a higher premium to help cover the cost. The insurance company has a right to know how much risk they are taking on.
- Anonymous Insurance Underwriter and claims investi, Waltham MA

I hope she filled out the paperwork and disclosed all pre-existing conditions for her new insurance company.
- ADM, Manchester, NH

June - that law you state about preexisting conditions only applies when one is getting group coverage. This woman was paying for private insurance. Private insurance can, and will, dump people for ANY pre-existing conditions be it heart transplants or acne treatments. Since most companies (at least in NH) no longer provide group coverage for employees too many people have to buy private coverage and that is when stuff like this happens.
- Mary, Thornton

"Celtic was engaging in a practice called post-claim underwriting, which is illegal in some states."

But not in NH.

Yet another example of diminished consumer protection so they state can claim it is business friendly and collect its precious BET and BPT.

As for Celtic, never heard of them, but thank you UL. Hundreds of thousands of potential customers will hopefully avoid Celtic like, well... an insurance company that doesnt pay claims.
- Chris, Bow

If NH state law supports the actions of the insurance company, then NH state law should be changed.
- Scott, Amherst

The law has to be changed to keep the bloddsucking insurance companies from doing this in the future. This is one of the reasons Health care reform is so important to this country.
- Steve Micke, Freedom

What a mess! I know her, and can tell you she is as honest as they come. Sorry to hear about your troubles, Penny!
- kim, manchester

This is the type of practice that is fueling the fire and pushing us to nationalized healthcare. We need some changes to Health Insurance, like if they can cancel policies after the fact, then they should be forced to reimburse the insured for premiums received. Although, making the decision through data mining is wrong, and should not be allowed. Also, the carriers should be responsible for any claim payments incurred, as the insured was under the impression that they were covered.

I firmly believe that nationalized healthcare is a bad idea and will ultimately distroy the quality and availability of healthcare. Focusing, on legislation that will address issues such as the one presented in this article and frivilous lawsuits will do more to bring down the costs than anything being presented in the current bills being discussed in Congress. Let's hope enough people are intelligent enough to know our government is incapable of managing our healthcare, just look at their track record, the post office, the dmv, cash for clunkers, the H1N1 flu shots. Smart reform is what is needed.
- Frustrated, Merrimack

As an addendum: In my opinion Chuck Douglas is the perfect example of why tort reform is needed to rein in specious and frivolous litigation. All the questionnaires I viewed on line specifically asked about arthritis and other related problems. And she didn't, according to the article, answer these questions truthfully. And if Douglas doesn’t know that knee/hip replacement surgery can be related to degenerative arthritis, stenosis, osteo etc. than he has no business being in this business and ought to be investigated himself. But of course, that won’t happen. And the UL staff should be ashamed of itself for being taken in by this person in the first place and not practicing good journalism by doing a little digging before printing this story.
- Sandy, Thornton

The woman lied for goodness sake.

She did not disclose her previous medical history. Why should a company insure someone who is going to cost them tons of money? It is a business and they are in a business to make money.

It is like my wife and I teach our children ... lying will ALWAYS catch up with you. To bad this lady didn't catch that lesson.

How about all you bleeding hearts who want to use other peoples money (i.e. taxes for health care reform) chip in from your own coffers and pay for this ladies medical expenses yourself? No ... didn't think so.

Please, all you socialists who want everyone else to pay for your needs move to Canada or Europe and let those of us who want to take care of ourselves live in peace. We are the true Americans.
- David, Bedford

If I pay for insurance I want them to cover major illness. I don't care if there's a previous medical condition. Insurance is meant to insure that I don't go bankrupt paying catastophic medical bills. I'll vote for any change that gets me medical coverage when I need it.
- Rick Guhse, Keene

if the ins co approved the contract without doing their due dilligent then it's their problem. I hope if the claim remains denied then she shoukd get her money back at credit card interest rates of 30+%
To Roger Sevigny there are alot more crooked politicians then there are honest ones so if the shoe fits.
Can anybody that bought a house at the peak price now void that sale and get a full refund? Oh I guess not because they don't contribue that much to campains.
- jACK, fLORIDA

Until we hold legislators responsible for upholding the rights, interests and well being of those they are supposed to represent, this kind of abuse will continue unabated. Current law limits the choices we are allowed when choosing health care providers. How many of you have switched to what you believed was a more affordable policy only to have the rates jacked up upon renewal? Post-claim underwriting is unethical and can potentially ruin a person or families lives. Unless we speak up things will go on as usual.
- Rob, Manchester

Until we hold legislators responsible for upholding the rights, interests and well being of those they are supposed to represent, this kind of abuse will continue unabated. Current law limits the choices we are allowed when choosing health care providers. How many of you have switched to what you believed was a more affordable policy only to have the rates jacked up upon renewal? Post-claim underwriting is unethical and can potentially ruin a person or families lives. Unless we speak up things will go on as usual.
- Rob, Manchester

It amazes when that people think that the government getting involved in reforming health care will improve the current system. When was the last time the government meddled in something and, as a result, improved it?
- Chris L, Manchester

Sure there is a lot of pertinent information still missing, but this case is actually quite black and white.

Either the insurance company acted in accordance with the law, in which case it is unfortunate for Ms Young or the insurance compnay broke the law in which case they should have the maximum punitive damages levied against them. NH should have a reputation for an aggressive AG when it comes to insurance companies sticking it to policy holders.

If Celtic did act within the law, do not blame celtic for their actions, blame those who provided them that ability. If you are unhappy at having 49 states with health insurance less expensive than NH, thank the person who "punished" the insurance companies as governor, jeanne shaheen. While well intentioned her proposals, once legislated, led to the inability to buy catastrophic insurance in the state and a massive hike in the premium rate.

Ms Young and the rest of us are unfortunately not allowed to shop around for better insurance. The state closely dictates what insurance companies can and can not do. The law also prevents us from purchasing insurance in any of the other 49 less expensive states.

For those of you who think government run healthcare will fix this, consider that a single payer "option" is just another word for government monopoly.
- Michael Layon, Derry

I have dealt with Celticin the past. I had a previous back injury which i made them aware of. After 7months of paying my premiums and never had to use them. The one time that i broke my wrist i used my insurance i recieved a letter denying my claim saying because of my previous back injury. How does one old injury have anything to do with a broken wrist. Discussing it with a manager got me nowhere and i still ended up paying $9000.00 and ended up dropping Celtic as my ins. Celtic just wants your premium and when a claim is filed it is denied. They Suck
- Ken, Manchester

Why did the insurance company accept payment from a 60 yo woman without checking her medical history? Any 60 yo
is going to have some medical history or at
least wear and tear?

The problem here, that happens every day to people around the country, is insurance companies leading someone to believe they have coverage by taking their money month after month then pulling out the rug when the person actually uses the insurance they have been paying for. If she reported problems with her bones, they should have told her they would not cover anything related to her bones. Surely this information was available to the insurance company when they requested her medical records prior to accepting her. It's time to stop allowing these kinds of rip-offs.

Some people think we should just continue to let people go bankrupt because they can't get affordable coverage and can't pay the medical bills. I'd like to remind them that this kind of thing can happen to you faster than you think. We are all just one job loss or life change away from being in her shoes.
- Frances, Nash,TN

Something needs to be done. NH needs to at least allow more insurers to do business in the state to allow for competition.
It sounds from the story that the law may need to be changed in NH to protect consumers.
This makes me think of the day when only a chosen small group of 100 percent healthy citizens will have adequate health insurance that is not in jeopardy of being taken away.
The health insurance industry in the United States and New Hampshire is a disgrace in my mind.
I have been lucky enough to be healthy while working for an employer who did not offer health insurance. Now, am lucky that my new Massachusetts employer recently switched from Blue Cross Blue Shield (which denied a claim that was clearly called for under the state law) to Harvard Pilgrim. Havard Pilgrim looked at the claim and the law and approved it within a few weeks.
The system needs to be changed. I used to look at the court dockets and see so many families being sued or filing for bankruptcy because of medical bills.
There has got to be a better way.
- Kate, Stratham

As much as I dislike insurance companies, this time the insurer is correct. She failed to disclose important information. Sensationalising this on the front page is a disservice to all. Turning it into a political football is disgusting. Put the resolution on the front page as well.
- Chris, Litchfield

In general, I feel bad for Mrs. Young. I believe the rule should be when someone is getting insurance a full background check must be done within three months or be approved for not being diligent. If found that cannot be insured show ALL reasons why so the consumer write it on a new application to a new insurance company or be at least be allowed show what cannot be/or limited in coverage and allow consumer to make a choice to stay or go. But once a approval is done that is the agreement and should be upheld. I rather include a fee of $50.00 to do a background check in case I did forget something and know that I am covered before getting a $20,000.00 surgury bill for anything. Many of us make mistakes because we are human and cannot possibly know everything but if a company is fighting one person then that means many people in the company are either hiding the fact they are trying to swindle someone purposely, legally or not, or just don't know their job. Sounds like the company is truely using the motto /Live free or die/, take the peoples money not give service otherwise the company could not make it here and die.
- Mike, Derry

If the insurance company disclosed to the newspaper, or anyone, her past medical history, then they are in violation of HIPAA and should be gone after for that. That would cover her $20,000 claim.
- John, Manchester

""Young acknowledged making material misrepresentations on her application by not fully disclosing previous medical problems""

Sorry folks, sounds like this is another case of "it's everybody else's responsibility to do every thing". If the insurance company did ask for preexisting conditions and she did not disclose them (read above) then why is it the insurance companies fault. Do not get me wrong, I think companies should accept pre-exsisting issues but they have a right to ask. When someone knowingly lies then it is not the companies fault. She got caught lying and now wants them to pay. The balloon boy parents got charged with a crime for lying and this person goes to court suing that it is OK to lie...
- Jim, Loudon

Jim, Milford,

No it's like getting car insurance, crashing your car, then having your insurance canceled because you did not tell them about a ticket you had when you were 16. Stop drinking the GOP coolaid.
- Craig, Manchester, NH

You can choose not to own a house or a car, but you don't have any such options when it comes to your health. The insurance industry should have nothing whatsoever to do with healthcare.
- Kevin, Rindge

Amazing some people on here actually defend the insurance company. The insurance company should have done research beforehand. They had no problem accepting the premiums. This is exactly what is wrong with health insurance comapanies today and the reason we need reform.
- Craig, Manchester, NH

We , as American citizens should demand access to the same medical insurance that the US congress has. It is time to institute term limits in this country and let these " public servants " live under the same rules that they impose on the rest of us. A couple years in congress , and they get pensions and benefits for the rest of their lives. Maybe a little time in the real world might be just what the doctor ordered. Ty , Barrington
- Ty, Barrington

the article speaks for itself. alot of "funding" coming from insurance groups and others so they are able to continue their corrupt activities. why do you they so many want to be politicians when they all they do is turn their heads one way while funding goes in the other pocket. things will NEVER change. its all about that almighty dollar. and for those not aware of the real facts, these insurance companies have more money then any banl, credit union or financial institution anywhere. they charge huge premiums but never want to let go of the money for coverage. any reform should be directed towards all insurance companies. maybe then we all could afford decent coverage at decent rates.
- Cal, Plaistow

Vote with you wallets. No business with Celtic ever. My wife and I briefly considered using them until we reviewed their reviews online. At that point we turned our backs on them quickly.
- mike, cornish

If they didn't ask for information specifically relating to her knee, then she didn't lie.

Perhaps some of you folks who are screaming "Liar! Liar!" could explain to me how not placing a mild case of glaucoma on an insurance application form has anything to do with knee surgery.

This is just ANOTHER example of how insurance companies are literally injuring and killing people in their quest for the almighty dollar. And it is another reason WHY we need health care reform in this country now.

There is no reason I can think of that would justify what this company is doing to this woman...except one. Money. That's all it is about. Money. And profit. Not health. Not well being. Not even paying ones bills on time and being responsible. This is just plaing wrong.
Peace
- Joel, Nashua

Her past medical history shouldn't matter. In this state, if you have prior coverage, which she did with harvard pilgrim, those existing conditions cannot be cited by celtic as a reason not to pay for her knee surgery.

Unless she had a lapse in coverage between harvard pilgrim and celtic, they have no choice but to pay those claims. Once they are paid, they can rescind her policy, but they can't cry foul about past medical history here.
- June, Manchester

Liar??? ohh poor Celtic,, you were the victim... let me get you a tissue.. Personally if I was running a business and offered coverage for a 60 year old solely based on an on-line application and not an extensive examination and review of the medical records, I'd deserve going out of business. Pretty simple in my view.
- Tim, Derry

Bottom line - companies that are in the business of generating profit should not be in charge of supporting the health care of the citizens of this country. When the top priority is increasing the bottom line, and not really focusing on whether or not the health of the person is really at risk or really in need - the system is bound to fail. Human greed takes over and by now all Americans should understand that the corporate culture is based upon greed of the elite for stock options, bonuses and lifetime retirement/health coverage for themselves. Enough is enough.
- Ryan, Shapleigh, ME

The NH Insurance Department ALWAYS sides with the insurance company because thats who funds them. Having had an issue and bringing it to them I was told that they look into issues and will present my side but they let the Insurance company have the final say. I am sure that any monies they got back from Insurance Companies are because the Company had a change of heart- not because the Insurance Dept. made them. NH is a pro employer, pro business, anti-indiviudual Bureaucracy. Talk to any State agency or just look at the labor laws- it is very clear which side the State govt stands on. Your are either fooling yourself or have not had an experience to learn how the system really works here.
- Ed, Bedford

And the federal government will be able to solve this problem? None of you think this will happen if the federal fat cats take over your health care?

Get real. You are demanding that the very same people who wrote the laws creating and allowing the fraud solve the problem they created.
- Melvin, Keene

If they wanted to investigate her history they should have to do that BEFORE they take her money- period. What does glaucoma have to do with whether she had knee surgery??? I hope our whole system is changed under Obama now to stop this sort of blatant theft.
- Lauren, Manchester

I'll bet that Celtic Insurance is spending tons of money to fight National Health care. Here is what Celtic says on their web site.
"Our Core Values"
"Integrity. Celtic upholds this value and considers it key in developing relationships in all areas of business – with our agents, our customers, other companies and within the organization itself. In effect, we will always honor our promises and never take actions that undermine these commitments in order to avoid costs and/or embarrassment."
- Steve, Raymond

It's seems the law of New Hampshire is on the side of the insurance company. Maybe those that are trying to make a villain of the insurance company should look at state legislature and themselves for allowing such a law to exist. It is likely without the current law the insurance premiums would be higher than they are currently as risks to the insurance company would be higher.
- David, Salem

If the Obama/Pelosi health care reforms were in effect, there would be no knee surgery for Mrs. Young. She would have been told that since she was 60 years old and would not be a productive member of society much longer, the expense of the knee surgery would simply not be cost effective.
- Brian, Farmington

I'm looking for insurance myself just went to their website, right on the web page they tell you that pre-x conditions are not covered. Now I can understand this lady wanting to save a few bucks but theres two things i would never do....

1. Try to get insurance with a company that says that on their web page especially if you do have a pre-x

2. buy insurance through the internet from some third world insurance company

3. would only utilize a broker who could get me rates from a legitimate insurance company.

4. if you do have a pre-x theres a nh plan that you might qualify for if you don't have group insurance or covered under cobra
- Jack Alex, Manchester

Hey what is she complaining about? Under Obama care she would be too old to get the knee surgery. She would just have to take the pain pill.
- Shawn, Nashua

Given all the comments - some for, some against - it clear that the system is broken. Looking at this specific case makes me despise Celtic insurance. These are evil people and this business practice was certainly paid for by bribing politicians also known as campaign contributions. It will be interresting to see how long it takes for Celtics filles for bankruptcy and then signs up for TARP money.
- Sean, Londonderry

she falsified her application, why is the health insurance company wrong?
- mark, manchester

One thing I have not not seen in this argument is that the Insurance industry TRADITIONALLY has what is called a "contestable" period of two years. This is a practice that is done nationally, and not just in a few states. It allows the company to review the application and any other relevant information in order to determine if the applicant was totally honest, and that the information was correct. During the 2-year period, they do have the right to re-check, and that is done not just in the health insurance industry, but also in the life insurance industry.
Perhaps the time has finally come to repeal the McCarron-Ferguson Act, which gave the insurance companies an exemption from federal Anti-Trust laws. That act passed through Congress shortly after World War II, and it has been since then that the industry has flexed its muscle.
Happily, there are some companies that do not ascribe to any malevolent marketing, especially the Knights of Columbus, which has possibly the highest ratings of any company in the industry both for financial stability and for ethical practices.
Too bad celtic is not in their league!
- Don, Rochester

Last thing we need in this country is insurance reform. If it ain't broke don't fix it. This is a great example of the system woorking well, but was only hampered by the person's lies. We can not and should not expect insurance companies to have to take risk! This is America, let the system regulate itself...like Wall St. did. Lawyers need work, more people should go bankrupt paying for their medical care. We are talking about job creation at its finest.
- Deb, Derry

From the article: "Post-claim underwriting won't be an issue if insurance companies are required to cover everyone." That is, the bill in Congress (to which Tom of Laconia applies the current Obama spin that it is Insurance Reform) does not view insurance as sharing of risks but the chance to get something for free.

Separately, this is another opportunity for the NH legislature to step in and modify an insurance contract retroactively to show its sympathy for the policy-holder.
- Spike, Brentwood NH

Insurance companies like these should be banned from operating in New Hampshire. Celtic insurance should have to pay back all of her past insurance payment to the company, if they are not going to cover the claim.

Our reps who support insurance companies to get campaign funds should be ashamed of them self's. Selling out the citizens of New Hampshire so they can get a head in their political careers.

This is the stuff that ticks me off, allowing big companies to take advantage of people like you and me. We need state reps who are going to bring back responsibility to the state and local government.
- JamesWebb4stateRep(Republican), Manchester

There are a bunch of people here who obviously can’t read. Or just don't want to acknowledge the facts. The facts that I got are – she lied – on her insurance application. And the insurance company, after catching up with her, did what they were legally entitled to do under NH State law. I checked Celtic out on the web – they have several plan options – most, but not all, have a pre-existing condition exclusion. They require a recent physical exam and documentation of any recent tests/results. The application is pretty detailed and the instructions are in plain English. Why is this woman getting this publicity? She lied. She got caught. You may not like the law, but it exists. You don’t like it that NH doesn’t have any competition in the health insurance industry, thank Jeanne Shaheen. Now get this woman off the front page.
- Sandy, Thornton

And this is precisely why this country needs HEALTH CARE REFORM!!!!!!!!!

Wake UP AMERICA.
- Steven, Tilton, NH

There is an old adage among lawyers:
When you have the law, argue the law;
when you have the facts, argue the facts;
when you have neither, get it into the newspapers.
- David, Keene

If the insurance company wants to be paid back for anything they paid out, then they should return the customers payments of $360 per month since May 1, 2008. Until then, I say they both want their cake and to eat it too.
- DM, Hampton

They did data mining to come up with the fact she had hemorrhoids and anxiety?!?!?! Data mining is a wide open field and is used often in marketing to track consumer purchases not just to tap into former medical records. Does this mean if you purchase Preparation H on your credit card and do not think it is important enough to list on insurance application your medical bills for a heart attack can be later denied? This is ridiculous and there should be case law against "data mining" period as it leaves the door open for major invasion of privacy.
- Deb, Pelham

Seems odd that she would have knee surgery less than a year after signing up w/Celtic. She cancels Harvard Pilgrim to save money, then has expensive knee surgery? Again this seems odd and a bad choice. Maine has state funded health insurnace, problem is you are not required to have it. So what is happening is users use it only when they need it, then drop off. Costing taxpayors lots of money to support it. This sounds like the same thing changing coverage to get what she wants and then changing back agian. I don't know why this lady changed insurance companies but it seems like she made a mistake. One of the guys at work is doing the same thing getting rid of Blue Cross and singing up for the more expensive HMO. The HMO has a less expensive co pay than BCBS. I think he is making a mistake but thats his coice. (OH ya thats knee surgery also he is having)
- Michael King, Epping

I went over to Celtic's website and did look up the application - sure enough... depending on how you answer the 'Yes/No' section - it will auto-generate the appropriate questions... The question comes up relating to "Have you within the last 10 years been diagnosed or treated for diseases, disorders...." yadda yadda yadda.... if you click "yes" like I did... the next screen will auto-generate a form to complete asking what those conditions are, when you were diagnosed/treated...
They even ask if you have been given prescriptions - that generates another form to fill out.

The verbiage is actually gentle, it doesnt hit you with large-scale medical terminology...

Sorry, but, the application DOES ask...if you choose "Yes"...

The application process also gives you the option to do this online OR talk with a Celtic agent. Had there been any issues, she should have talked with an agent...

Good luck in your lawsuit is all I can say because Ill be very surprised if anything comes out in your favor...

To Craig - while I do agree it is deplorable but the big issue here is, if that law is still on the book and is still active, then the insurance company has followed their procedures correctly. Failure to complete the application appropriate and truthfully will result in what is happening... and yes - the application DOES give the warning.
- Anonymous Medical Biller, Manchester

Does anyone else see the Irony?
I'm reading this story about how this Insurance Co. is screwing another person, when I look to the right and see an ad from the Insurance Industry. to say no to Government Health Care.
Why would I say no to GHC? So you can cancel me also when I need you most.
Say yes to GHC or you could be the next story in the UL.
- Mike, Manchester

Celtic should be barred from doing business in the state. This is yet another perfect example of good old corporate GREED! Their TOP priority is about how much more they can make for their already OVERPAID executives and stockholders. The welfare of their policyholders is the LEAST of their concerns. A PERFECT case for the push to a NATIONAL health plan.
- JT, Concord

She misrepresented her health to get the insurance, and then is surprised that the coverage was pulled when her misrepresentation was discovered.

Yet another case of the criminal filing a suit against the victim. She and her lawyer should be ashamed.
- Peter, Jaffrey

Bottom line is"she lied". How can we believe her about anything? She is a LIAR
- David, Manchester

Welcome to the real world lady. I am surprised that it has taken you 60 years to figure out that insurance companies are not your friends and are only out to make themselves money. Despite their "people/family friendly" advertisements, they are not in the business of protecting the consumer when it is not in their best interest fiscally. If they can get out of paying a claim, they will and they will use any legal means possible. It is great that you are fighting it, knowing that the law is not on your side. It is a bitter pill to swallow but that is just the way it is.
- Jon, manchester, NH

A classic example of an insurance company pulling a pistol and shooting itself in the foot. While provable intentional misrepresentation by the insured should allow the company to recind a policy, unintentional, accidental or unasked questions (by the insurer) should not. Generally, if the insured can make it thru the underwriting, the company should not be permitted to recind a policy. Smart, intelligent insurance companies who are paying attention (clearly, Cletic doesn't fall into this category) would not do this, especially under the microscope of the far left who want to destroy them. Fixing the recision issue would go a long way towards fixing the problems that plague health care delivery and payment, and fixing known problems like this would be easier, and have a more positive health care consumer focused outcome than the monstrosity called Pelosi-care that the House tried to jam down our throats last week.

Celtic has been exposed, and now has the opportunity to do the right thing, or they can keep on shooting themselves and other health care insurance companies in the foot. Thier choice.
- jeff, Goffstown

"I had no intention whatsoever of being misleading."

Sorry. Not buying it. Every insurance application I've ever filled out ask for a complete history. In pretty plain language too.
- MP, Hampton Falls

Here is what sticks out like a sore thumb to me: I would like to see a copy of the application.

If the application truly does not ask for previous medical situations involving surgeries, high-cost treatments, and the like, then how the hell is she supposed to report anything?

On the other hand - if it is true there is a law on the books allowing the Insurance company to do this, then I still think the insurance company should be held responsible for paying the claims because they failed to have an application form fully represent the nature of the information they need with regard to medical history - that is if we had a copy of that application to look at.

Here is where I can see Celtic's side though: In their records inquiry (which is a bit late), they found as stated in the article "bone loss, ostopenia of the right hip, degenerative disc disease"... that all can have a bearing on knee surgery...

There is way too much missing information here for anyone to comment on unless you work the medical field.. UL - perhaps someone could do some reasearch into those laws that Celtic claims to have 'found'? How about asking for a copy of that application? Post it here for all to see... I know I would be interested in seeing it.
- Anonymous Medical Biller, Manchester

Celtic Insurance's Business practices are deplorable. They are hiding behind an outdated law that was written long before insurers could quickly and efficiently electronically underwrite a policy. Even more deplorable is the fact that a former State Supreme Court Judge, US Representative, and a practicing member of the bar would suggest that the New Hampshire Insurance Department was wrong for upholding the law. Does he think that a state agency should circumvent laws in some cases? My guess is that Mr. Douglas is concerned that to admit that the law is faulty might also his case? How unfair that he would attack a state agency for doing its job. Hopefully this article will help to get the Legislature to review the laws and make changes.
- Craig Cunningham, Derry, NH

I am sorry but if this woman knowingly signed up for insurance because of her condition it should be denied. It is like me crashing my car into a tree then deciding the next day to get auto insurance. Another reason why obamacare wont work. Charge people a fine if they dont get insurance which is peanuts compared to a knee surgery then preven companies from denying for pre-existing conditions. You think our healthcare costs are high now wait until it is free and everyone can use it when ever they want!
- Jim, Milford NH

This is why we need health care reform.Good luck to you Penny Young.
- Daryl, Rollingsford

Why would she go with some fly-by-night insurance company which no one has ever heard of before? Truth be told, after this bit of negative PR, no one will hear of them afterward, either. No one should look at this story thinking, 'Government-run health care sounds better than ever!' There will be an AVALANCHE of unhappy consumers out there if this monstrosity of a bill becomes law. The number of times that 'You Shall' and 'You Must' appear is enough to make people want to move to a different country. As for Celtic, I hope they die a quick death because of this.
- Chris, Brookline

I can't believe the unethethical tactics these insurance companies are allowed to get away with at the expense of the general public. There in the pockets of the politicians (which should be illegal) and no one is doing anything about it. No wonder insurance companies have all these big expensive, elaborate buildings all across the company. They have all these sleezy tactics and do anything to getting out of paying legitimate claims and the government does nothing to stop them, and unfortunately this is going on all the time. We need to demand change.
- Kathy Radford, Kingston

Welcome to the world of insurance.
- Stephen, Manchester

This happens all the time, this is why we need the laws to change. Everyone has a medical history, the older you get the longer that history becomes. And insurance companies should not be allowed to deny people because they are people frail and moving closer to death. You may not have a health problem today, and you may be having a difficult time paying your bills. So, you don't want to pay more in taxes for a single payer health plan. But, later in life it will be you who needs that help. If our society continues to back the selfish idea of not paying taxes that don't directly benefit yourself we will find ourselves alone and helpless. "We the people" really does mean something.
- Nick A, Derry, NH

Sad to say I think the insurance company has a point. She got insurance in May and knew surgery in December. Unless she was in an accident the need for that kind of surgery does not sneek up on you.

However, I do hope the state of NH changes the law. In this day and age the burden should be on the insurance company to do research first, then decide to underwrite and charge an appropriate rate. The person seeking insurance should have to do nothing more than sign a release allowing for a medical history search and take a physical. Then if something happens the burden is not on the individual for having made a mistake. C'mon New Hampshire it's 2009, technology allows for both fairness and ease on the consumer.
- Pete, Dover

I don't want to sound indifferent, but why is this woman in the newspaper? Any attorney with their salt would tell this lady to stuff a sock in it. Besides, how can a company do wrong if they are within the parameters of the law.
- Jack Alex, Manchester

the health insurance situation in this state is a farce..limited competition because the state only allows a couple companies to insure..and then..the costs are prohibitive....more than our mortgage..not to mention the possibility of what happened to Mrs. Young...this is a travesty...and exactly why i voted for Obama and will continue to vote for those willing to fix this problem country wide.
- n strand, francestown

You think this is bad, wait until the federal government is running health care. The federal government never loses a case, so whatever chance Mrs. Young has in this case would be nullified by the government. Not to mention the sheer amount of fraud that will occur by the government based plan, a la the recently reported Medicare fraud story here in the UL.
- Frank, Manchester

This is easy. A court should hold that post claim underwriting is inherently capricious and unreasonable. How would someone feel if their homeowner's insurance was cancelled after their home burned down? I have found that the Insurance Commission has not been helpful when reimbursement for care has been denied to my patients.

If the Insurance Commission has any ethical constuct, they should deny Celtic's permit to sell health insurance in the state. They will not. But if you have Celtic, be aware and fire them. If you are looking for insurance, avoid Celtic. Unfortunately in New Hampshire we have very limited choices.

Having had health issues myself recently, I feel for Ms. Young and all my patients. The illness is only the start of the trauma- companies like Celtic intensify and prolong the stress that sometimes results in poor outcomes. It also increases everybody's costs, since the physicians and hospital are the ones who usually write off the charges.

This whole system, which the new bills in Washington will continue, makes me so so sad.
- Alain Ades, M.D., Exeter

But the insurance industry is completely honest and works for our best interests .... oh, wait, that is only according to the Republicans and Joe Lieberman (the insurance industry lackey). They don't ask the questions so there is no way you can provide the information. Will take your money without taking the time to verify if they would be willing to pay out claims. Lazy, lying and willing to hide behind their bought politicians.

It's not a battle for health care reform ... it's a battle for Health Insurance Reform, and we need it now!
- Tom, Laconia

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