Medicare coverage in Texas and bi-polar, HELP!!!

scmartin
on 10/10/10 3:48 am, edited 10/10/10 4:27 am - arlington, TX
 I received a call two weeks ago from a surgeon in Dallas. They stated they could no longer see me for a consultation due to me being bi-polar. She stated that as of 9-7-2010 trailblazer, the company that does the claim processing for Medicare for the state of Texas, no longer covers W.L.S for people that are bipolar,schizophrenic or have recurrent severe depression. I told her that I have a clearance letter from my psychiatrist but she stated that would not be enough. It is an absolute contraindication for W.L.S. She told me to go ahead and do the 3 month diet and that there are people fighting this and that hopefully it will change in the near future. I cant believe this!!!  I called Medicare and was told several times that they do not have the same guidelines as trailblazer does. How can this be???? how can a claim processor have the right to amend a FEDERAL program??? I started contacting our congressman,senators, the  ACLU, Texas dept of Insurance , Obesity law.com attorney, anyone that would listen. The senator and congressman have written to Medicare and trailblazer but was wondering if anyone here could give me any advice or has had the surgery after 9/7/2010 and Medicare paid for it? I don't know what else to do or who else i can contact. I was wondering if they would pay for it if I went to another state. They couldn't answer that question for me. Any advice would be greatly appreciated. I called Dr Rodriguez's office and they are still willing to see me on the 13th but I'm not able to pay for it out of pocket.
Thanks,
Sherri
scmartin
on 10/10/10 11:48 am - arlington, TX
 Here is how the coverage reads:

Contraindications to Bariatric Surgery

Surgery for severe obesity is a major surgical intervention with a risk of significant early and late morbidity and perioperative mortality. Surgery for severe obesity is not covered in the presence of absolute contraindications, including the following:

  • Prohibitive perioperative risk of cardiac complications due to cardiac ischemia or myocardial dysfunction.
  • Severe chronic obstructive airway disease or respiratory dysfunction.
  • Non-compliance with medical treatment of obesity or treatment of other chronic medical condition.
  • Failure to cease tobacco use.
  • Psychological/psychiatric conditions:
    • Schizophrenia, borderline personality disorder, suicidal ideation, severe or recurrent depression, or bipolar affective disorders.
    • Mental retardation that prevents personally provided informed consent or the ability to understand and comply with a reasonable pre- and postoperative regimen.
    • Any other psychological/psychiatric disorder that, in the opinion of a psychologist/psychiatrist, imparts a significant risk of psychological/psychiatric decompensation or interference with the long-term postoperative management.
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