HHS Investigates Humana's Massive Misinformation Campaign

// added September 21, 2009 // 2 comments //
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Today, the U.S. Health and Human Services Department took its first steps toward cracking down on misinformation disseminated by Medicare providers.

During the recent health care reform hullabaloo, "Keep Government Out of Medicare" became a rallying call for some and a joke for others. As it became clear that tens of thousands of senior citizens across the country held irrational beliefs about the government's role in their health care, we asked, where is all the misinformation coming from? The answer: Medicare Advantage providers have been deliberately misinforming Medicare recipients about health insurance reform.

Last week, I reported that Las Vegas members of Humana Medicare plans had received a mass mailing from Humana (see the complete mailer and envelope) claiming that Congress and the President are considering proposals to cut "important benefits and services" of Medicare. That mailer actually went out to Humana plan members nationwide. Today, the Health and Human Services's (HHS) Centers for Medicare and Medicaid Services (CMS) sent a letter to Humana demanding that Humana cease "immediately all such mailings to Medicare plan members and to remove any related materials directed to Medicare enrollees from your website."

The letter from CMS to Humana says:

CMS has learned that Humana has been contacting enrollees in one or more of its plans and alleging that current health care reform legislation affecting Medicare could hurt "millions of seniors and disabled individuals [who] could lose many of the important benefits and services that make Medicare advantage health plans so valuable." The message makes several other claims about the legislation and how it will be detrimental to enrollees, ultimately urging enrollees to contact their congressional representatives to protest the actions referenced in the letter (see attachment).
According to a source with inside knowledge of the way CMS regulates marketing guidelines, Medicare providers are only allowed to communicate with plan members about the benefits they have now, not about possible changes to benefits. They are also not allowed to use plan-related communications to lobby for policies or legislation.

CMS voiced concern that the Humana mailer is misrepresented as information about plan members' coverage and benefits. CMS contends the mailer "is potentially contrary to federal regulations and guidance for the MA and Part D programs and other federal law, including HIPAA." And CMS instructed Humana "to end immediately all such mailings to Medicare plan members and to remove any related materials directed to Medicare enrollees from your website."
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2 comments // HHS Investigates Humana's Massive Misinformation Campaign

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