Deny and Delay? California Pursues Penalties Against Insurers That Frequently Make Mistakes.

The Rising Issue of Health Insurance Denials: A Deep Dive into California’s Legislative Response

When Colleen Henderson’s three-year-old daughter experienced severe pain while using the bathroom, initial medical evaluations dismissed her symptoms as either a urinary tract infection or constipation—common ailments during the potty-training phase. However, the situation escalated dramatically when, after being informed that her health insurance would not cover an ultrasound, Henderson charged the $6,000 procedure to her credit card. The ultrasound revealed a grapefruit-sized tumor in her toddler’s bladder, a shocking diagnosis that would lead to a five-year battle with her insurer, UnitedHealthcare.

The Personal Toll of Insurance Denials

Henderson’s struggle was not just medical; it quickly spiraled into a financial nightmare. Despite her daughter’s condition being diagnosed as an inflammatory pseudotumor, the insurance company contested coverage for necessary treatments, leading the family to accumulate over $1 million in medical debt. Ultimately, they were forced to declare bankruptcy. Henderson poignantly stated, “If I had not fought tooth and nail every step of the way, my daughter would be dead.” Her story highlights a troubling trend: many Americans face similar challenges when navigating the complex landscape of health insurance.

The Growing Problem of Claim Denials

Insurance denials are increasingly common, with many Americans not appealing them. According to surveys, a significant number of denied claims go unchallenged, despite evidence suggesting that escalating complaints to government regulators often leads to successful appeals. This has raised concerns among consumer advocates and policymakers, who argue that insurance companies routinely deny care that should be covered. In response, California lawmakers have introduced a proposal aimed at penalizing insurers for repeated wrongful denials.

California’s Legislative Initiative: SB 363

California’s proposed legislation, Senate Bill 363, seeks to address the issue of insurance denials head-on. If passed, this measure would hold insurers accountable by imposing fines of up to $1 million for cases where more than half of appeals filed with regulators are overturned. This bill aims to enhance transparency in the insurance industry by requiring insurers to disclose their denial rates and the reasoning behind those denials—information that is often considered proprietary.

Senator Scott Wiener, who introduced the bill, emphasized the need for reform, stating, “When you have health insurance, you should have confidence that it’s going to cover your health care needs.” The bill has the potential to impact approximately 12.8 million Californians on private insurance, though it will not cover those on Medi-Cal or Medicare.

The Impact of Denial Rates on Mental Health Care

The bill also addresses the alarming rates of denial for mental health care, which is increasingly critical given the rising mental health crisis among children and young adults. Experts like Keith Humphreys from Stanford University point out that mental health diagnoses can be more subjective, making them more susceptible to denial. The lack of data on denial rates in California is particularly concerning, as it obscures the extent of the problem.

National Trends in Health Insurance Legislation

California is not alone in grappling with the issue of health insurance denials. In 2024, 17 states enacted legislation aimed at regulating prior authorization processes for private insurers. Connecticut, for instance, has established one of the most robust denial rate disclosure laws, publishing annual reports detailing the number of claims denied and the percentage that are ultimately reversed. Such transparency measures are becoming increasingly important as lawmakers across the nation seek to ensure fair treatment of patients by insurers.

The Need for Systemic Change

The growing frustration with health insurance practices is palpable, especially in light of recent events, including the tragic death of UnitedHealthcare CEO Brian Thompson, which many attribute to the stress caused by insurance denials. A survey conducted by NORC at the University of Chicago found that 70% of respondents believed that insurance company practices contributed significantly to Thompson’s death.

Experts like Shawn Gremminger, president of the National Alliance of Healthcare Purchaser Coalitions, suggest that large employers are beginning to include contractual penalties for claim administrators who either deny too many or too few claims. This shift indicates a growing recognition of the need for accountability in the insurance industry.

Personal Stories Highlighting the Crisis

Sandra Maturino’s experience further underscores the urgent need for reform. After adopting her niece, who struggled with severe mental health issues, Maturino faced significant hurdles when her insurer, Anthem Blue Cross, limited coverage for necessary inpatient psychiatric care to just 30 days. After a year of navigating inadequate treatment options, Maturino ultimately sought alternative care outside of her insurance network, illustrating the lengths to which families must go to secure adequate care.

Conclusion: A Call for Action

As California moves forward with proposed legislation to address insurance denials, the hope is that this will serve as a catalyst for broader reforms across the United States. The stories of families like Henderson’s and Maturino’s highlight the critical need for transparency, accountability, and a healthcare system that prioritizes patient well-being over profit. The outcome of SB 363 could pave the way for a more equitable healthcare landscape, ensuring that individuals receive the care they need without the looming threat of denial from their insurers.

For further reading on health insurance reforms and consumer rights, visit the California Health Care Foundation and the National Conference of State Legislatures.