Bad Medicine: Illinois Insurer Refuses to Pay for ‘Never Events’

Nick Avgerinos
Nick Avgerinos
Contributor
Posted by Nick AvgerinosAugust 07, 2008 2:52 PM

What’s a ‘never event’? That was my first question, too, when I heard about this new development. ‘Never event’ is the term used to describe medical errors that should never happen. Despite the name, however, ‘never events’ sometimes happen. Examples: a sponge left in your chest after surgery, or an amputation of the wrong limb. Obviously, these are not your typical medical mistake, and the exception rather than the rule, but the notion is troubling nevertheless.

We have no clear way of tracking ‘never events’ presently, but with legislation passed in 2005, Illinois is set to begin collecting such data by the middle of next year. But, to put the problem in perspective, a 2003 study in the New England Journal of Medicine found that foreign objects are left behind in 1 out of every 1,000-5,000 abdominal surgeries. That translates to approximately $50,000 per corrective surgery, usually paid for by insurers.

We’re used to the phrase “The customer is always right,” and we expect to be treated that way; if we receive the wrong meal, our server will bring the right one; if we purchase a lemon on the lot, the dealer will replace it; if we were overbooked on the flight, we should get vouchers for the future. There’s a certain give-and-take in our society, and an understanding that we should get our money’s worth.

But not when it comes to healthcare. Most often, you go to the doctor’s office and fork over your co-pay, not bothering to question whether your money was worth it if you don’t come away with any type of diagnosis. Similarly, your hospital sends its bills to your insurance carrier, regardless of the outcome of your surgery…until now. Now, Illinois patients are getting a voice…surprisingly, from their insurance company.

As reported by the Chicago Tribune, Blue Cross and Blue Shield of Illinois has come forward, saying that if a hospital commits a serious error, it will no longer pay the claim. The new payment plan is expected to be in place by the end of the year. And while this might seem like a way to cut costs for the insurance company (and let’s face it, that’s probably part of it), it’s a measure aimed to provide an incentive for quality healthcare. And considering that Illinois Blue Cross shelled out less than a million dollars for ‘never events’ in 2007; that chunk of change just might be enough to inspire change in Illinois hospitals.

We can’t be blind to potential problems, though. For instance, we’re relying largely on the hospitals to report the very errors that will result in non-payment; talk about a conflict of interest. In Minnesota, where hospitals are required to report ‘never events,’ 125 ‘never events’ occurred last year. We have been witnessing respect for the “I’m sorry” movement, so let’s hope that this new change doesn’t signal a decline in openness about hospital errors. We all make mistakes; this change in insurance policy is just forcing hospitals to take ownership of theirs.

7 Comments

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Leah
Posted by Leah
August 07, 2008 4:42 PM

What stops the hospital from just billing the patient directly anyway, even though they made a mistake.

Susan
Posted by Susan
August 07, 2008 8:43 PM

Diabetics with difficult-to-control blood sugar face discrimination from rules like this. Sick diabetics are far more likely to exhibit wildly fluctuating blood glucose levels. Add to that a diabetic who normally has difficultly controlling his blood sugar (it happens more often than anyone is willing to admit) and the situation is ripe for discrimination. Said patients will just be dumped on whatever county hospital will take them.

bob
Posted by bob
August 07, 2008 9:09 PM

been saying it for 30 years...why pay for something that did not fix the problem or the fix caused more trouble? medical practitioners claim themselves well educated, trained, sacrificing etc. mechanics make the same claim and both will still bill you for bad work without any remorse.
would not make this observation if either professions would make good on their performance claims; they both expect smooth roads..don't they?

Steve Lombardi
Posted by Steve Lombardi
August 08, 2008 7:50 AM

Nick: This is a very interesting subject. As you know this month on IB we are covering wrong-site, wrong-procedure and wrong-patient surgical errors. Our office, Lombardi Law Firm, has begun what should be a month long dissertation and examination of these errors from posts on the Des Moines, Iowa site. I know Brooks from Austin, Texas has posted and Dave Mittleman from Michigan is working on their posts.

The term "never events" interests me. It seems to be a misnomer. Does anyone out there understand what the term is meant to imply? Certainly leaving a sponge in someone is a real event that did occur. Removing the healthy lung is as real to the patient as being struck by lightning. So why does the insurance industry use the term "never event"? As Judge Fitzgerald from Nebraska was fond of saying, "The Devil is in the details." How about our readers digging out the details of why the name? Thanks and keep up the good work. This is a nicely written article. Steve

Nick Avgerinos
Posted by Nick Avgerinos
August 08, 2008 10:21 AM

Susan,

I appreciate your concern. The healthcare system and the insurance industry often create policies that seem unfair to the people who need them most. Perhaps you can elaborate as to how this particular policy shift will affect diabetics.

nja@capronlaw.com
Posted by nja@capronlaw.com
August 08, 2008 10:40 AM

Bob,

Thanks for the comment. Your analogy is right on point. You might be interested in reading my recent post, Worker Wellness: Offensive Approach to Safety Proves Worthwhile for Employers, where I make a similar comparison.

Nick Avgerinos
Posted by Nick Avgerinos
August 08, 2008 10:42 AM

Steve,

Thanks for the update; I’ll be sure to track this month’s postings closely. My understanding is that the term ‘never events’ was chosen to emphasize the fact that these errors are never supposed to happen. It seems like a way of distancing the hospital’s reputation from events that could be construed as commonplace happenings there. The term ‘never event’ lets other patients know that it’s never supposed to happen, making the scary stories they hear seem like freak accidents rather than rational concerns. What do others think?

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