Thursday, December 29, 2022

IBM Medicare Advantage is just another IBM "Retirement Heist"

 Ellen E. Schultz is a long time reporter for the WSJ who spent many years reporting about how companies plunder and profit from the nest eggs of American workers.  She published a book in 2011 detailing the ways IBM  and other corporations drained money from pension funds to enrich executives by stealing pension and health benefits from employees.  This corporate grift continues even though the pickings are not as lucrative.

If you've never read Ellen Schultz's book (I had not), it is "Retirement Heist".  

It is not an easy book to read because the schemes used to steal employee and retiree money are complex and convoluted. There are also a lot of complicit grifters in government and judicial system laws. The best reason to read the book is to learn about the unsung heroes who were ordinary employees with an extraordinary determination to proved the grift.  The second best reason to read it, is it might help you understand why this latest maneuver by IBM to move you to a Medicare Advantage plan is just the final step in stealing deferred compensation related to your health benefits.  IBM must have used up all the ways to steal deferred compensation from pension funds and probably why they are selling off pieces of the fund to Prudential and MetLife and kissing some of us good-bye.

After reading "Retirement Heist", I hope you will join me in filing a complaint with your state department of labor that IBM is stealing your deferred compensation.  It will be hard for states attorney generals to ignore thousands of complaints and maybe even put the state and federal government on the right side of protecting workers. It's a big maybe.  An ERISA lawyer recently told me he sometimes had more success filing complaints for his clients than litigating cases.

Wishes for a 2023 full of good health and successful activism. 


Monday, December 26, 2022

IBM Medicare Advantage Regret? Undo it!

 If you enrolled in IBM's United HealthCare plan and now regret your choice, from January 1 to March 31, 2023, you have the ability to return to original Medicare.

This option has nothing to do with IBM.  It is a little known federal government (CMS) option to change your Medicare Advantage insurance during what is called "Medicare Advantage Open Enrollment".  Here is a link to the government website that describes it in the 3rd bullet:
  
https://www.medicare.gov/sign-up-change-plans/joining-a-health-or-drug-plan

If you find out the doctors you want to use won't take the IBM plan, or you found other information to confirm what I have been writing about for years regarding the exploitation of Medicare Advantage insurance companies, you might want to undo your IBM UHC enrollment.  I'll explain what I mean by "might".

The way to undo it, is to call Medicare (1-800-633-4227) and tell them you want to disenroll.  They will help you pick a prescription drug insurance plan, enroll you into it and effective the first of the next month, you will be back in original Medicare.  

The harder part is reinstating your Medicare Supplement plan and that's where "might" comes into play.  In some states (such as New York) it is easily done.  Call any insurance company that sells Medicare Supplement plans as they are obligated to sell you the type of policy you want to buy.  They cannot refuse you.  In some states, such as Florida, you must call back the company you used before making the switch and also buy the policy type you previously had because you are doing it in less than a year since you dropped it.

If this is the FIRST TIME you have enrolled in a Medicare Advantage plan, at the federal level you have 12 months to change your mind. Per this information on the Medicare website (and it will be important to reference this citation when you call Medicare and you medigap company if you decide you want to leave the IBM UHC plan) you will be able to go back to the medigap you previously had:

https://www.medicare.gov/supplements-other-insurance/when-can-i-buy-medigap/guaranteed-issue-rights

If this is not your first try of a Medicare Advantage plan, in some states, you might have to try a lot of companies to get a policy and there is a chance you won't find one so you've lost the ability to buy a Medicare Supplement plan in that state.  In that case, you can still use original Medicare, but you won't have an annual "maximum" for your part of doctor and hospital fees.

There are people who take the risk and bet they won't need to pay for a supplement insurance because it takes a whole lot of being sick for coinsurance costs to skyrocket. Instead, they pay themselves the "premium" every month and put it into a contingency fund to use in case they do get sick.   I write that because Medicare fee for service limits, particularly for doctor services, are quite low.  For example, twenty percent of a procedure such out-patient knee replacement, and physical therapy is about $2000. 

 However, it is a gamble.

Updated 1/9/2023

Here's another analysis of how Medicare Advantage plans can be really bad for your health:

https://www.nytimes.com/2020/02/21/business/medicare-advantage-retirement.html


Saturday, December 3, 2022

IBM Medicare Advantage 2023 Kaiser Foundation Analysis of Retiree Health Benefits

 As I wrote in an earlier post, the action IBM is taking to force retirees onto Medicare Advantage plans is not unique.  Corporations and state/local governments are similarly taking this action and have been doing it for years.  The reason is to lower costs.  My interpretation of "lower costs" is another way of stealing retiree deferred compensation.  This is the recently published Kaiser Foundation report:

https://www.kff.org/medicare/issue-brief/medicare-advantage-coverage-is-rising-for-the-declining-share-of-medicare-beneficiaries-with-retiree-health-benefits/

       

This WSJ article was published in 2004.  IBM is specifically cited in their analysis.  In this 2004 article, IBM describes that retirees who transition to Medicare cost them very little.  In 2023 IBM wants Medicare eligible retirees to cost them zero!  

https://www.wsj.com/public/resources/documents/SB107940131862956349.htm

Don't let IBM steal your deferred compensation! 

Tuesday, November 29, 2022

IBM Medicare Advantage Retiree Medical Benefits as deferred income and how IBM is stealing deferred income

 Updated 11/30/2022:

This might be a useful reference for you to use.  There was employment research done in 2012 by the Upjohn Institute for Employment showing retiree medical benefits are a form of deferred income.  

I am going to use this research as the basis of a labor complaint in my state.  I am going to file a complaint with the NYS Attorney General accusing IBM of stealing some of my deferred income.  In NY, it is the Attorney General that handles unpaid wage complaints. Sometimes states handle these complaints through the state department of labor.  

This is the premise for my complaint.  For years, IBM told me to consider my retiree benefits as part of my total compensation.  The Upjohn Institute research confirms retiree health benefits are a form of deferred income.  IBM even told me the dollar value of my deferred income, which they said was $3,000/year.  I believe they are under valuing it, but I have no way to prove it.  At least I was able to spend $3,000/year of my total deferred compensation on medical insurance of my choice.  

In 2023, IBM said it will keep the rest of my deferred compensation and told me, from now on, they will spend it for me.  I believe that is called stealing.  I multiplied the number of years I worked for IBM times $3,000 to determine the total amount of my deferred compensation. I then subtracted the amount already paid to me through 2022 to determine how much money IBM still owes me. I want  IBM to pay me what they still owe me. (Retirees with FHA accounts don't have to do any calculations. They know exactly what IBM owes them.) I will ask the AG to require IBM to pay me the rest of my deferred income.

Here is a link to the research as well as the Abstract.

https://research.upjohn.org/up_workingpapers/182/

Abstract

Are early retiree health benefits (RHBs) a form of deferred compensation that binds workers to an employer? Most employers who offer RHBs offer them only to workers who have 10 or more years of tenure with the firm and have reached age 55. Accordingly, workers in firms offering RHBs have an incentive to stay with a firm in the years before they attain eligibility for RHBs, and a greater incentive than otherwise to retire thereafter. We test for the existence of such a pattern of incentives by examining the age-specific relationship between workers’ eligibility for RHBs and retirement. The findings suggest that workers in RHB-offering firms are less likely to retire at ages 50 and 51 than similar workers in firms that do not offer RHBs. Also, RHB-eligible workers aged 60 and 61 are more likely to retire than similar RHB-ineligible workers. Such a pattern is consistent with RHBs acting as part of a delayed-payment contract of the kind described by Lazear (1979, 1981).


Updated 12/2/2022

A few old news articles about how companies are messing with our deferred compensation to improve their bottom lines.  This is why I believe the only way to push back is to demand IBM pay me the remainder of my deferred compensation.  I filed my Attorney General  complaint to that end yesterday:

https://www.wsj.com/public/resources/documents/SB107940131862956349.htm

https://www.jonesday.com/en/insights/2009/08/retiree-medical-litigations-dirty-little-secret-location-location-location


Updated 12/4/2022

  

Even the IRS describes retiree health benefits as deferred compensation. The following is a link to a document from the IRS describing corporate rules for these benefits:

https://drive.google.com/file/d/1YpRjYNdrWUHrETi8FHV9jXyyUpDReYoo/view?usp=share_link

In case you don't remember how IBM structured the FHA account, this is a great description AND, again, shows it was "deferred compensation"

https://www.businessinsurance.com/article/19990523/story/1000456/ibm-debuts-innovative-health-plan-for-retirees


Updated 2/18/2023

The following is a link to a marketing brochure from a company that is selling Medicare Advantage plans to corporations who have retiree health benefits.  In the brochure, it states it will cost the corporation nothing to offer these plans.  More evidence that IBM is stealing from its retirees.  


https://drive.google.com/file/d/1X1C6agvoll-bBK5Rj-R1qkQXhKT6vTA3/view?usp=share_link

Monday, November 28, 2022

IBM Medicare Advantage 2023 Protest Action: Complain to your US Senators!

 I contacted several class action lawyers over the last two months and described the IBM Medicare eligible retiree healthcare changes for 2023 demanding we use Medicare Advantage plans.  There doesn't appear to be class action ability to stop IBM from doing it.  We don't have a contract with IBM. What we have is a verbal agreement,  promises to provide retiree benefits made long ago without any legal, binding commitment. 

The reason the NYC retired workers were able to stop their former employer was because they have a union contract and a clause specifically guaranteeing free lifetime health insurance.  NYC government tried to transition retirees to Medicare Advantage for free, but if retirees wanted to continue with Original Medicare and a Medicare Supplement it would be $193/mo.  My bet is NYC government will now remove the Medicare Supplement option in their next salvo and force all retirees onto MA plans. Reminder, many corporations have done this for years.

Actions don't have to be illegal to be WRONG.  In fact, consider how often wrong actions become illegal. A quick one that comes to mind is the use of seat belts or baby seats.  In the best interest of saving lives, not using them was made illegal.  In IBM's case, in the best interest of saving lives, elders shouldn't be forced to use Medicare Advantage plans to get their retiree medical benefits. It should be illegal!  

What's left to do?  I urge you to write to your U.S. Senators and ask for help.  Tell them how you feel about this situation.  Ask them to investigate how companies are treating retirees and taking away promised benefits retirees depended on to get high quality healthcare, which is particularly important for the aging. 

Here's how I view what is happening.  IBM made a long ago promise to provide retirees with high quality medical insurance when we retired as an incentive to convince us to stay employed at IBM. They described it as being part of our compensation. To pay that delayed compensation, they set aside funding comparable to what they did for our pensions. 

Now, they are taking compensation money away and shifting retirees to Medicare Advantage plans while claiming it is  a "better deal".  It is truly "liar, liar, pants on fire"!  Seriously, this is elder abuse, and/or a violation of  laws that protect workers' compensation. It is corporate malfeasance and the antithesis of Corporate Social Responsibility which major USA corporations claim to support.

US Senators gauge whether something is a worthy investigation based on complaints.  They investigated Medicare Advantage devious marketing practices because 40,000 people complained about it.  They investigated Medicare Advantage overbilling the federal government for billions of dollars because of whistle blower complains.  

Complain!  Complain! Complain!  Maybe we can embarrass IBM into backing off! 

Wednesday, October 26, 2022

IBM Medicare Advantage 2023 Fortune article: Corporate MA plans less regulated than market MA plans

 There is a lot in this article that I didn't know and it made me wince because there is less government oversight for corporate sponsored Medicare Advantage plans than the plans available for purchase in the open market.  It is yet, another reason to be very wary of  IBM's forced march to use their plans:

https://fortune.com/2022/03/02/employers-medicare-advantage-health-insurance-retirees/

Updated 11/2/2022:

Even when there is government oversight for Medicare Advantage plans, they still try to make money any way they can:

https://www.medicarerights.org/medicare-watch/2022/04/28/government-watchdog-reports-medicare-advantage-denying-or-delaying-medically-necessary-care

Updated again on 11/6/2022:

Finally, some congressional representatives, like Ron Wyden, are demanding more oversight of insurance companies selling Medicare Advantage plans. 

Unfortunately, there is NO oversight for Corporate Sponsored Medicare Advantage plans. Corporate Sponsored MA plans can promise you trips to the moon (which is equivalent to guaranteeing access to any Medicare doctor anywhere in the country) in the literature they mail to you because it isn't "marketing material".  These plans are not for sale in the general marketplace so they can say "yes we cover it" to any question you ask!  Don't believe anything unless they agree to write it in the policy they issue to you.  Then you have a better chance of overturning a denial (and they will deny), by pointing to your policy.

The LA Times has a nice summary of the newest congressional assessment of how vile insurance companies are in their marketing practices for Medicare Advantage plans and there is a link to the congressional report in the article:

https://www.latimes.com/world-nation/story/2022-11-06/medicare-enrollees-warned-about-deceptive-marketing-schemes

Updated 11/16/2022:  Newsweek opinion piece that is scathing about Medicare Advantage plans:

https://www.newsweek.com/how-medicare-advantage-scams-seniors-opinion-1759368


I heard another tragic Medicare Advantage story this past week.  The details are not worth writing about.  The denial of payment for a post treatment expense is about $90,000. They are telling the policy holder to pay that amount of money to a hospital because there wasn't a "pre-authorization" granted for the treatment.  That says it all.  How is that even possible? It's a Medicare Advantage Plan!

Sunday, October 16, 2022

IBM Medicare Advantage 2023 - NYC retirees story: they are trying to stop it!

Updated 12/03/2022 

NYC tried and failed to push city their retirees into Medicare Advantages plans.  It took a lot of organizing and a law suit, but they did it!  Here's a history of the situation.  The third link is the latest update.  NYC lost an appeal November 2022. The fourth link is a new law suit to stop NYC from requiring copayments:

https://www.thecity.nyc/2022/3/3/22960355/retired-nyc-workers-medicare-switch-court-win 

https://www.thecity.nyc/2022/7/19/23270753/health-insurers-kill-medicare-plan-change-city-job-retirees

https://www.nydailynews.com/news/politics/new-york-elections-government/ny-nyc-medicare-advantage-appeal-retired-municipal-workers-20221122-6qfqcwtfezbyvads4jvhbvfc44-story.html

https://nypost.com/2022/11/29/nyc-retirees-sue-adams-administration-for-55m-over-15-health-care-copays/

I don't know if this will make a bit of difference, but there is a campaign on change.org organized by an IBM retiree who is trying to fight the change:

https://www.change.org/p/stop-ibm-from-selling-our-pensions-forcing-retirees-to-select-only-ibm-benefit-plans

Updated 3/23/2023

NYC unions and government continue to battle with retirees over the switch to Medicare Advantage.  The retirees keep fighting back.  This Brian Lehrer program on WNYC was broadcast today about the fight.  It's really sad.  Even with an ironclad contract, retirees have to fight like hell to try to stop the transition to Medicare Advantage.  This is the broadcast:

https://www.wnyc.org/story/the-brian-lehrer-show-2023-03-23

Tuesday, October 11, 2022

IBM Pension Transfer 2023 GET YOUR RECORDS NOW!

 For all of us, but particularly for people who are being moved to Prudential/MetLife annuities, be sure to get the information about your pension that is stored in www.netbenefits.com just in case something goes wrong or the information gets lost.  I just downloaded the following documents:

Pension Summary

Pension beneficiary

Post Employment Plan Book for 2021

Group Life Insurance (Death Benefit) document

Sunday, October 9, 2022

IBM Medicare Advantage 2023 How Insurance Companies Suck Billions Out of Medicare

This morning on the front page of the New York Times there is an in depth article by Reed Abelson about how insurances companies manipulate Medicare insurance claims to get BILLIONS of dollars from Medicare.  This is not new news.  It is a topic that has been ranted about by various media publications for YEARS. Nothing will likely change as a result of this report, but it will help you understand why I rant about these plans.  If you have a subscription to NYT here is a link to the article:

https://www.nytimes.com/2022/10/08/upshot/medicare-advantage-fraud-allegations.html?smid=nytcore-ios-share&referringSource=articleShare

For people who don't have a NYT subscription, it describes how companies like United HealthCare and Anthem do everything they can to upgrade Medicare claim codes so that they can improve the payout they get from Medicare for a policy holder by presenting the policy holder as being sicker than they really are. Medicare will then provide additional funding over and above the initial allotment to the insurance company because the claims indicate the policy holder is really sick. 

It might or might not affect the money the doctor charges the policy holders unless the procedure (such as a chemo treatment) requires a policy holder to pay "coinsurance". Then, the doctor also gets more money from the policy holder. Coinsurance is when the policy holder pays a percentage of the fee for service instead of a "fixed amount" for the treatment.  

Example, people will say they have a copay of $30 when they go to see a specialist.  It doesn't matter how long it takes to see the specialist.  It can be a 5 minute office visit or a 15 minute visit, the copay is still $30. However, if the policy holder has a coinsurance procedure that is "upgraded" in terms of the complexity of the treatment, it will increase the coinsurance payment for the policy holder.  Example again, the doctor visit includes a biopsy which the doctor upgrades from being a simple lab test to a more complex, but unnecessary lab test. The policy holder coinsurance will then also be higher. It's why providers are sometimes complicit in the claim code scheme.

While this exploitation is disgusting and, per the article, sucking billions of dollars out of Medicare funds, it does not address the  impact on the policy holder per the coinsurance problem. Nor does it go into the other favorite way Medicare Advantage plans make money.  That's by sucking money out of the policy holders via denials of claims. The way they suck money out of the policy holder is more subtle.  If the policy holder pays the doctor bill when the claim is denied, then the Medicare Advantage plan doesn't have to pay the doctor. They will keep more of the allotment of money provided by the government at the beginning of the year to cover claims for the policy holder. As I have said in the past, 50% of denials are overturned if the policy holder appeals. Sadly, appealing is complicated and often people don't have the mental capacity to appeal.  Insurance companies know this and exploit it.

Again, all of this has been an issue for years.  Complain, complain, complain to your congressional representatives about how their inaction is hurting all of us.  This issue is political party agnostic.  They all get huge donations from these insurance companies and don't do anything because they don't want to lose that money.

Added on 10/10/2022:  

In 2018 PBS did a wonderful documentary on how Medicare Advantage plans suck money out of Medicare.  I wrote about it at the time, but am including it in this post in case it was missed:

PBS documentary about how companies that offer Medicare Advantage plans have been pushing doctors in their networks to use more serious diagnosis codes so the insurance companies can increase the amount reimbursement they get from the federal government.  Companies like United Healthcare are now being sued by the government for BILLIONS of dollars in over-payment of claims.  Here is a link to the program:  https://www.pbs.org/video/medicare-advantage-taking-advantage-aldeae/

Added on 2/27/23:

Kaiser Foundation published a article detailing changes the current administration is trying to make to reign in money given to Medicare Advantage plans to pay policy holder claims.  It is very technical, and also worded carefully so as to not alienate the insurance industry, perhaps because the Kaiser Foundation is funded by a Kaiser endowment fund.  They also get grants from state governments, the very same governments that have been systematically pushing their state retirees onto Medicare Advantage plans. In any case, we all need to try to understand how our tax dollars are spend on Medicare Advantage plans. The way I see it,  Medicare Advantage plans should have never been allowed to exist because all they do is suck money out of Medicare trust funds any way they can.. 

https://www.kff.org/policy-watch/is-the-biden-administration-proposing-cuts-to-medicare-advantage/

This analysis from Action Now, a non-partisan foundation, also did a nice job explaining how CMS is trying to rein in the excesses of Medicare Advantage sucking money out of Medicare trust funds:

https://actionnowinitiative.org/medicare-advantage/

Updated 3/28/2023

This is a detailed description of how Medicare Advantage companies suck money out of the federal Medicare program.  It is sooooooo complicated.  I did not understand much of it but maybe you will.  Why does the federal government allow it?  MA is killing Medicare:

https://www.healthaffairs.org/content/forefront/born-third-base-medicare-advantage-thrives-subsidies-not-better-care

Saturday, October 8, 2022

IBM Medicare Advantage Brochure Assessment & another sad story

 The brochure arrived yesterday.  I have two comments on it.  

They say you can "go back" to Original Medicare with a Medicare Supplement plan if you decide you don't like the United HealthCare plan. There is a footnote to that statement that refers you to www.medicare.gov to look at "guarantee issue".  First off, going back to Original Medicare isn't at your whim. That is usually possible to do once a year, during Medicare Fall Open Enrollment (Oct 15- Dec 7th), or if you move to a new state.  The bigger issue is rebuying the Medicare Supplement plan. Depending on what state you live in, you might not be able to rebuy the Medicare Supplement plan. That's what "guarantee issue" means.  Some states allow you to reenroll in a Medicare Supplement plan without underwriting or age rated adjustments.  Most states leave it up to the insurance company to decide if they even want to sell you a policy and, if they do, at whatever price they want. There is no cap on out of pocket cost if you use Original Medicare without a Medicare Supplement plan so, unless you also have Medicaid, you need a Medicare Supplement plan.  

My second comment is there is nothing in the brochure about how often United HealthCare denies claims if you have already received treatment, or requires pre-approval before you can be treated.  That information is available from Kaiser foundation and it is not good.  I have written over and over again about the nightmare of pre-procedure and post-treatment denials.  They say wonderful things in the brochure like they will provide unlimited "Skilled Nursing Facility" days for rehabilitation. What they don't say is the probability of receiving unlimited SNF days is slim to none.  They typically deny more SNF coverage after about 10 days (that's the pattern I have seen) and say it's because more treatment is not medically necessary. Then you are in the cycle of needing to appeal.

Another sad story from this past week about a Medicare Advantage plan. A man, in his nineties, went to the ER because he was having significant heart problems.  The ER doctor immediately admitted him to the hospital.  The staff cardiologist monitored him for several days and stabilized him.  When he got the first denial of payment for treatment from his Medicare Advantage plan, they not only denied the hospital treatment as not being medically necessary, they said the provider was out of network. The man was looking at a bill of about $11,000. He didn't focus on the denial of treatment, he focused on the out of network statement.  He called the Medicare Advantage plan and they said they had made a mistake and the hospital treatment was in-network.  They adjusted the claim amount to $6,000 and then denied the claim, again, saying it was not medically necessary. When treatment is denied, the policy holder is responsible for the full amount of the treatment and it does not count toward the MA plan deductible.  The man now has 60 days to appeal.  It must be a written appeal. He needs to get a letter from his provider to attest to the fact that the treatment was medically necessary.  Needless to say, he was totally overwhelmed with what he has to do to fight to get the MA plan to pay the claim while struggling with his medical problems.  Having to battle with a behemoth  insurance organization is the last thing in the world he needs to worry about. This reporting by Axios is about Medicare Advantage denials.

  https://www.axios.com/2022/04/29/medicare-advantage-debate-rekindled-by-report-on-coverage-denials