Obesity Law Update, Get Active, Stay Active

New York differs from Florida in that we have a better external review system and if the surgery is medically necessary it is more quickly overturned and approved. Even still they make us appeal these denials all the way to the State. What we all need to do is stay active post op and ensure these laws do not change in the good states, and fight for change in the tougher states and even at the Federal Level. BC/BS and probably most insurance companies will exclude coverage but most states require it if it is medically necessary. Therefore they will deny it and make you fight them. Most people do walk away. Trust me. In my own support group in New York I have met with many people who rather then fight they feel it's a sign or not meant to be and walk away. And we never lose in New York. Actually, not in any State as of yet, but these people really do walk away. And that's what they want. In June the US Supreme Court is going to issue a ruling in a case to determine whether ERISA really supercedes state law and whether insurance carriers are really determining medical necessity rather then just making sure you meet the criteria of having a doctor find it's medically necessary. In Congress there are 2 bills pending by John McCain. His version would hold HMO's liable the House version was weakened. It is important that the invisible minority become visible. Every appeal won, every law changed is a victory for those who have come after us post ops. It is also important that we stay fit and healthy after the surgery, using it as the tool it is. Every story of failure is more ammunition for the insurance carriers and nay sayers to argue against the surgery and try to get laws passed to prevent it as dangerous. Fight and win. Be well Gary Viscio obesitylawyers.com

I understand why people are walking away. It looks like that is what I am going to have to do. My current insurance policy says I need 6 months of supervised dieting, and according to them the six months will be up when we switch to a different policy. After hounding the insurance broker and the local VP of the company, I finally have copies of the weight loss policy. Yep, it is excluded. So I have decided to try the "diet" route. (I really hate that word, diet.) I have managed to lose weight that way in the past, but have not made it permanent. I don't know if this time will be different, but I have to try. At the same time, I am willing to help in any way I can to encourage the WLS option. It just looks like they have cut that option off for me. Hope everyone has the success they are looking for. Linda

I'm sorry Linda that your not able to get your WLS. I'm sitting here myself on pins and needles wondering if I'll ever get my WLS I have a good a lawyer figthing for me but still you always worry. It's just a darn shame that we can't be allowed to enjoy life like normal people. I love cold, rainy days because I don't seem to retain so much water and I can get around much better outside in the colder weather. What I should be saying is I love the sunny days and being out in it. Donna

Linda, how is it excluded. It's a self funded plan right? Bug your employer now to make the change to allow it. fight the exclusion. Gary