Were You Denied
Proton Beam Therapy by the Insurance Company to Treat Your Cancer?
Many insurance companies are reluctant to approve requests for a revolutionary new cancer treatment using proton beams due to its higher cost compared to standard radiation therapy. Some even deny it based entirely on the expense rather than the efficacy of the treatment for the patient. Several courts have been critical of insurance companies that deny coverage for proton beam therapy based on these policies and have found that such actions constitute bad faith on behalf of the insurance company. In some cases, courts have even gone so far as to order insurance companies to pay for the treatment or face additional penalties. If you have been denied coverage for proton beam therapy for your cancer due to what you suspect may be insurance bad faith, contact the legal team at MDM Law. We’re ready to fight for you.
To put it simply, cost is a big factor when it comes to proton beam therapy. Proton beam therapy can be more expensive than traditional radiation therapy. It is important to note that it may be the best treatment option for certain types of cancers, such as those located near critical organs or in pediatric patients. In some cases, proton beam therapy may also result in better treatment outcomes and fewer long-term side effects. Since 2001, the FDA has approved proton beam therapy as a valid option for treating cancer. Many renowned hospitals and physicians have also embraced it as a viable treatment method. So you can rest assured that proton beam therapy has been extensively tested and is considered a reliable and effective cancer treatment.
It is clear that there have been cases where insurance companies have acted in bad faith by denying coverage for proton therapy. Judges and juries have recognized the importance of proton therapy and have condemned the actions of insurance companies that deny coverage for it. In one case, an Oklahoma jury awarded $25.5 million to the family of a woman who died of cancer after her proton treatment was denied coverage. In another case, a federal judge in Florida had to remove himself from a class action lawsuit against UnitedHealthcare because he was a prostate cancer survivor and believed denying patients access to proton therapy was immoral and barbaric. Last year, a Las Vegas jury awarded $200 million to a plaintiff who was denied coverage by a UnitedHealthcare subsidiary, with $160 million of that amount being awarded as punitive damages to punish the insurer for its bad faith denial. These cases serve as a reminder that insurance companies have a responsibility to act in good faith and to provide coverage for treatments that are necessary to save lives. Patients and their families should not have to fight insurance companies in court to receive the care they need.
Call us at (405) 673-2377 to schedule a free consultation with an Oklahoma City negligence attorney.
Proton Radiation Therapy (PRT) is a type of radiation therapy that uses high-energy proton beams to treat cancerous and noncancerous tumors. Unlike traditional radiation therapy that uses X-rays or other high-energy photons, PRT utilizes protons, which are positively charged particles, to target and destroy cancer cells.
One of the main advantages of PRT is that it can deliver high doses of radiation to the tumor while minimizing exposure to surrounding healthy tissues. This is because the protons can be directed to a very specific area of the tumor, and their energy can be controlled so that they deposit most of their energy at the tumor site and spare the healthy tissues.
Proton Radiation Therapy can be used to treat many types of cancer, such as breast, liver, lung, prostate, pancreatic, bone, lymphoma and others. It can also be used to treat tumors in the brain, head, neck, skull, spine, pituitary glands and eyes. Additionally, PRT is often used to treat sarcomas and other types of cancers, such as esophageal cancer.
One of the advantages of PRT is that it can be especially effective in treating cancers in children because it can target cancer without harming other cells in their growing bodies. PRT can also be effective in treating recurrent cancers already treated with traditional radiation therapy, as well as cancers located near critical structures that are difficult to avoid with traditional radiation therapy.
During PRT, a machine delivers a beam of high-energy protons to the cancerous area. The proton beam is directed using magnets to precisely target the tumor while minimizing damage to surrounding healthy tissues. The gantry machine is one type of proton therapy machine that allows the beam to be delivered from multiple angles by rotating around the patient.
PRT is often performed outpatient, meaning the patient can go home the same day. However, depending on the specific treatment plan, some patients may need to stay in the hospital for a short time.
Proton Radiation Therapy is believed to be more effective and safer than traditional X-Ray radiation therapy because it can precisely target the tumor with a higher dose of radiation while sparing healthy surrounding tissues.
X-ray radiation therapy, on the other hand, is not as precise and can damage healthy tissues, organs and nerves surrounding the tumor, leading to adverse side effects.
PRT is also noninvasive and painless, and due to its fewer side effects, patients who undergo PRT experience a better quality of life both during and post-treatment. Moreover, PRT has been proven to be effective in treating several different types of cancers, including brain tumors, prostate cancer and pediatric cancers.
In some cases, PRT works where traditional X-Ray radiation therapy has failed, making it a promising treatment option for cancer patients.
Proton Therapy is particularly useful in cases where tumors are close to critical structures like the spinal cord, eyes and brain because it allows for precise targeting of the tumor while sparing nearby healthy tissues from unnecessary radiation exposure.
Proton therapy is also commonly used when tumors have not yet spread, as it can provide a higher dose of radiation to the tumor while minimizing the risk of damage to surrounding healthy tissues. In some cases, doctors may prescribe proton therapy after traditional X-ray radiation has failed, in order to provide an alternative form of treatment with potentially fewer side effects.
The cost of Proton Beam Therapy can vary widely depending on several factors, including the location and size of the tumor, the duration of the treatment and the specific center or hospital providing the treatment. Some estimates suggest that the cost of PRT (Proton Radiation Therapy) can range from $30,000 to $120,000 or more.
Though Proton Beam Therapy may be more expensive than other forms of radiation therapy, it may be considered a necessary treatment option for certain types of cancer or tumors, particularly those that are difficult to treat with conventional radiation therapy. Ultimately, the cost of treatment should be weighed against the potential benefits and the individual needs and circumstances of the patient.
There are. Intensity-modulated radiation therapy (IMRT) uses high-energy X-rays to treat cancer. It delivers a precise dose of radiation to the tumor while minimizing exposure to surrounding healthy tissues. This is achieved through the use of advanced software and hardware that can modulate the intensity of the radiation beam and shape it to conform to the shape of the tumor. This allows for more precise targeting of the tumor, which can result in fewer side effects and better outcomes for patients.
Some insurers may consider Proton Radiation Therapy (PRT) to be experimental or investigational and, therefore, may deny coverage for this treatment. This can happen because PRT is a relatively new and advanced form of radiation therapy.
However, as more research is conducted and more clinical experience is gained with PRT, many insurers are beginning to recognize its value and are starting to cover it as a medically necessary treatment. Additionally, as mentioned, Medicare and Medicaid typically cover PRT for eligible individuals.
Health insurance companies have policies to determine which treatments they will cover and which they will not. In some cases, insurers may require prior authorization for proton therapy, which means that the insurer needs to approve the treatment before it can be covered. Insurers may also require patients to try alternative therapies before approving proton therapy as part of a process called step therapy.
If an insurer determines that proton therapy is medically beneficial but not necessary, they may deny coverage for the treatment, as it may be more expensive than other treatments that are also effective. However, in some cases, proton therapy may be the only appropriate treatment option for a patient's specific condition.
If you are considering proton therapy and have difficulty getting your insurer to cover the treatment, you may want to talk to your doctor or a patient advocate to learn more about your options. Your doctor can also provide additional information about the risks and benefits of proton therapy compared to other treatments. Ultimately, the decision to pursue proton therapy should be based on your individual medical needs and your doctor's recommendations rather than the decisions of your insurer.
Sometimes, if the insurer's clinical policies are too restrictive, they may not cover a treatment the doctor believes necessary for the patient's care. This can result in delayed or denied coverage for necessary medical treatments, harming the patient's health and well-being.
It's important for insurance companies to strike a balance between cost-effectiveness and providing necessary medical care to their members. Clinical policies should be evidence-based, transparent and regularly updated to reflect the latest medical advancements and research. Doctors should also have input into developing these policies to ensure that they are grounded in clinical practice and not solely based on cost-saving measures.
Additionally, insurers should be transparent about their policies and provide clear explanations to patients and providers about coverage decisions. Patients have the right to appeal denied coverage decisions and should be given the opportunity to provide additional medical evidence to support their case.
Overall, insurers should prioritize the health and well-being of their members when developing clinical policies and making coverage decisions while also considering cost-effectiveness and the sustainability of their plans.
Review your plan documents: Take a look at your plan documents to make sure the service you received is covered under your plan. If it is, note the specific language in the document that supports your claim.
Contact your healthcare provider: Your provider may be able to provide additional information that can support your claim. Ask for a detailed explanation of the services you received, including any medical records or test results that may be relevant.
File an appeal: Once you have gathered all the necessary information, you can file an appeal with your health insurance company. Make sure to follow the guidelines provided by your plan and provide all necessary documentation to support your claim.
Consider seeking help: If you are having difficulty navigating the appeals process or feel overwhelmed, you may want to seek assistance from a patient advocate or a healthcare attorney.
Remember to stay organized throughout the process and keep copies of all documentation related to your claim.
Please don't waste any more time before you contact us for a free consultation. We can help bring the issue to trial. Call us at (405) 673-2377 or tell us your story by completing our online form.
The information provided on this website is only for general informative purposes. It is not to be construed as legal advice pertaining to any situation or individual case; and receiving or viewing it neither creates nor constitutes a client-attorney relationship.
© 2022 All Rights Reserved.