does insurance ever pay for electrolysis?

Aw shucks Alan, you are making me blush <img src="/ubbthreads/images/graemlins/blush.gif" alt="" />
Thanks for your kind words.

Really, if more doctors stood behind their patients this would not be such a rare thing. When I was a kid, my dermatologist said that I needed hair removal just to keep from living a life filled with staph infections because my ingrown hair problem on my face was not going to go away any other way. HOWEVER, he would not write that diagnosis down, and refused to help me in any way that would have gotten me the treatment I needed. After all, it would not have paid him any money for me to no longer need prescriptions from him for my constant pain and suffering. Had he helped me, I would also no longer need to see him for office visits 4 times a year.

Needless to say, I fired him.
Since I was still a kid however, I could not do much else.

WANTED: PEP TALK

I’d like to share my experiences in fighting my insurance company, and ask for some
encouragement.

6-2-04 My gynecologist wrote the following letter to my insurance company:

"Please be advised that I have prescribed for my patient, [Ms. Hir-Fem], electrolysis (procedure code 17380) due to the consequence of a hormonal imbalance resulting in hirsutism. Due to this, I am writing you to clarify the medical necessity of this treatment for my patient.

“Hair removal in this instance is NOT cosmetic for this patient because of the following:
1) This medical condition causes the hair growth.
2) As a physician, I can measure the effectiveness of her medication by monitoring the presence or absence of new hair growth in the areas involved. As no two patients respond in a similar manner, medication may need to be regulated to avoid possible side effects. Therefore, electrolysis would be diagnostic as well as therapeutic.”

8-11-04 Insurance requests the following information from my GYN:

 -Letter of medical necessity.
 -Areas affected.
 -What "hormonal condition"?
 -What medications?
 -What side effects of medication will observation of new facial hair growth help to avoid?
 -Supply a photograph.

?-?-04 I didn’t see the letter my GYN sent, but I can say the following: Areas affected are: black, coarse hair on the chin and neck; some hair on the upper lip; scattered, dark, pubic-like hair on the back; dark, pubic-like hair on the buttocks; black pubic hair on the abdomen, working its way up to the chest; dark, coarse hair on the arms and legs. I have insulin resistance. I’m taking Metformin ER. I gave my GYN a hideous photo of my beard.

9-15-04 Insurance writes:

“Request for electrolysis…denied completely because: per letter of medical necessity, there are no medical problems created by your condition. Therefore it is cosmetic and as such is not a covered benefit of the Pennsylvania Medical Assistance Program.”

10-22-04 I filed a 1st level grievance and wrote:

"The removal of abnormal hair growth by electrolysis is not cosmetic; the only areas that are considered cosmetic are the eyebrows, underarms, bikini line, and raising the hairline on the forehead.
“[Insurance] paid for the medication prescribed for my condition, therefore they will also have to reimburse me for the electrolysis treatments I have been receiving.”

10-26-04 Insurance writes to me, saying that they have received my ‘complaint’.

11-3-04 I have to call the PA Dept of Health to have them tell Insurance that I filed a grievance and not a complaint.

11-4-04 Insurance writes:

“A committee of one or more [Insurance] staff that includes a licensed doctor or dentist, who have not been involved in the issue you filed your grievance about, will review your grievance.”

12-1-04 Insurance writes:

“The first level grievance review committee consisting of a Physician Advisor who is board certified in internal medicine and a Utilization Management Nurse has decided that the denial should be upheld as not medically necessary…because information provided to [Insurance] to date is insufficient in documenting medical reasons as to why electrolysis is needed. Therefore, the requested procedure is determined to be cosmetic in nature.”

1-14-05 I’m ready to file a 2nd level grievance, but my GYN wanted me to include a letter from him when I send it in. His office suggests that I call Insurance and ask for an extension on their 45-day deadline. According to the letter from Insurance dated 12-1-04, I have to file within 45 days from the date I get the notice . This would end on 1-15-05.

I call Insurance and they say the deadline was up on Jan 10th, counting from 11-26-04. Where they got that date from, I don’t know. I went ahead and sent it in anyway.

1-18-05 I filed a 2nd level grievance and wrote:

“I maintain that electrolysis IS medically necessary for the following reasons:
-It was prescribed by [GYN].
-A medical condition has caused abnormal hair growth. (PCOS)
-Electrolysis is the current standard medical practice for hirsutism.”

I included a letter from my GYN stating:

"As I have stated previously, electrolysis is not a cosmetic need but a medical one for [Hir-Fem]. She suffers from hirsutism which is a side effect of poly cystic ovary syndrome. Hirsutism can be defined as “an adult male pattern of hair distribution in women”. Simply put, [Hir-Fem] has very heavy, coarse hair on parts of her body where a female does not generally have hair growth. In addition to this, she suffers from acne. The excess hair growth, along with the acne, can result in ingrown hairs. These ingrown hairs can result in infected hair follicles which can exacerbate both conditions.

“In addition to the physical discomforts caused by hirsutism, the emotional impact can be debilitating. The patient states that she has refused to leave her home at times because of the way she looks and feels. She tries to hide her chin when she is out in public. This is not the way any woman should have to live. She should have quality of life. The electrolysis could certainly go a long way toward providing this for [Hir-Fem].”

1-24-05 I attended the 2nd level grievance meeting and gave this speech:

"It is abnormal and humiliating for a woman to develop the facial hair pattern of a man, the same as it would be for a man to develop the characteristics of a woman. I am tired of feeling like a freak and of having to strategically hide my beard when in public.

“Hirsutism is no more cosmetic than acne is, and [Insurance] pays for acne treatments. I’ve had both of these conditions and can say that hirsutism is much more shameful and socially unacceptable.”

They asked me where I had the hair, my age, and some medical questions. I cried through the whole thing. It was humiliating to have to tell a group of strangers, including a man, these gross things about myself. It’s a good thing that I brought a copy of my GYN’s letter, because they said they didn’t receive anything from him.

3-4-05 Insurance writes:

“The second level grievance committee consisting of a Chief Medical Officer who is board certified in family practice, a Utilization Management Nurse and a [Insurance] Member has decided that the decision to deny electrolysis be upheld…[Insurance] is required by contract with the Commonwealth of Pennsylvania to cover medical services that are medically necessary…[Insurance] has not been provided with documentation to support a medical need.”

3-14-05 I requested an external review and a copy of the company’s criteria for a medical necessity.

3-18-05 Insurance tells me that they sent the request to the PA Dept of Health.

3-21-05 PA Dept of Health writes to me that they have assigned my grievance to “an independent and external review organization called a Certified Review Entity (CRE).”

According to their rules, I have to send a copy of what information I give to the CRE to Insurance also. Insurance is also supposed to send a list of what they send to the CRE to me within 15 days that they received my appeal request. I have never received this.

3-31-05 I sent the CRE the following:

 -A copy of my Dr.s diagnosis of Hirsutism and PCOS.
 -My GYN's prescription for electrolysis.
 -My letters requesting 1st and 2nd level grievances.
 -GYN's 2nd letter.
 -Comments I made at the 2nd level meeting.
 -5 X 7" photo of my beard.

4-14-05 CRE writes:

“The health plan’s original denial is: Upheld”

The reviewer is board certified in OB/GYN and Reproductive Endocrinology and Infertility. Their list of credentials is intimidating; having won awards, written over 70 articles, being a member of many pro medical organizations, and being the Director of this and that.

The reviewer wrote:

“The treatment is not medically necessary. According to the American Society for Reproductive Medicine Practice Committee, “Hirsutism is a common complaint, often of significant cosmetic concern, usually resulting from increased androgenic activity. Hirsutism usually does not signify major pathology…” …Hirsutism is considered a “cosmetic concern” by the ASRM- “Patients who suffer from hirsutism require long term follow up and emotional support.””

As a side point, I received from Insurance their definition of medical necessity (after my deadline to file info with the CRE), which lists 3 standards for a covered benefit. They say if any one of them is satisfied, then the service will be considered medically necessary. The second is: “The service or benefit will, or is reasonably expected to reduce or ameliorate [improve] the physical, mental, or developmental effects of an illness, condition, injury, or disability.”

5-19-05 I ask for HELP!!! Do I have a chance in court?

Dear HIR-FEM,

Unfortunatley your story is not unique. I have been an Electrologist in Pennsylvania for 25 years and it has been at least 15 years since I have had one of my patients get compensation from the insurance companies. It is very frustrating to say the least!

You didn’t mention how you are doing with your treatments. Have you been getting results?

i, too am from PA, and have been denied twice for payments of electrolysis. i’ve requested an external review and am awaiting the results of that. The only thing that i’ve noticed in your timeline is that you never said that electrolysis is absolutely necessary to confirm you are taking the correct medication for your medical condition (PCOS). in order to know your body is not creating more, new hair, you need to treat existing hair through electrolysis. all meds react differently to people. how do you suppose you are taking the right meds? this might be something you would like to bring up. it is medically necessary for electrolysis to be performed in order to treat existing hairs and to make sure no new hairs are growing for the confirmation that you are taking the correct meds. i have yet to hear from my insur. co. in reference to my external review. (thanks to James…i actually sound like i know what i’m talking about!). good luck. we all need it!!

I assume that your electrolysis costs to date still fall under the limits of small claims cases in your area. You have followed their procedure, and now it is time to file your “Breach of Promise” claim in small claims court. It will cost you only the filing fee and the cost of showing up to court. It will help you if your doctor would come as well, but a notarized statement from your doctor and contact info for the judge is often accepted as his testimony.

They will still wait till the last possible minute to pay you. Waiting to see if you are serious enough to pay the additional fee to have the court warn them of siezures and garnishments if they don’t pay up in 90 additional days. In this way, although they still end up paying you, they make you wait 6 months after the court case to give you dime one.

I’ve had 30 hours of the blend performed on my beard, at a cost of $2550. This began in July of '04 and ended in Feb '05 when I ran out of money. I figure that the total cost of removing my beard will run over $10,000. Then there’s my other body areas…

Unfortunately, the front of my chin still needs more work, as it is noticeably gray from the combination of my being pale white and having a black beard. Even with opaque concealer applied I can still see it.

Seeing as I’m not going to be able to be treated in a while, I’m really tempted to tweeze it all off just one day to reduce the grayness. I’d hate to do this, because I stopped tweezing back in Jan ‘04, and I don’t want to mess up my hairs’ growth cycles and make all that beard unavailable when I do return to getting treatments. Besides, if tweezing makes the hairs stronger, then that’s no good.

If you file a small claims case against your insurer, you will have a date for sometime in the next 30 to 60 days. Your judgement will take effect in 60 to 90 days, and if they really wait till you file for collection action, you will have money in 180 days.

As I’ve stated before, I’ve filed and lost three appeals. On the letter I received from the third denial, it states that I have 60 days (from the day I receive the letter) to initiate an “appeal of the decision to a Court of Competent Jurisdiction”. What does this mean? What am I supposed to do? Who do I call?

The letter is dated 4-14-05; 60 days from that is 6-13-05.
I talked to one lawyer, who referred me to a second lawyer, who referred me to a third lawyer, who referred me to a fourth lawyer, who I haven’t bothered calling. Can I do this alone? And, what do I do?

I went to lawyers.com and got a list of 4 lawyers in Allegheny County who do health insurance law. I called one. He told me to call Neighborhood Legal Services. They told me that they don’t do that sort of thing and that I should call Pennsylvania Insurance Something-Or-Other. So I went online and got the number of the PA Insurance Department. While I’m waiting for them to call back, I called another lawyer from lawyers.com. He told me to call the external review people to find out if the 60-day period is valid. They said yes and that I can’t get an extension, and I should call the Allegheny County Bar Association. Their recording says that they want $25 for a 30-minute consultation. I hung up because I’m not going to pay $25 to hear someone tell me they can’t help me.

HELP!!!

You have been told several times to file a SMALL CLAIMS COURT CASE. You know, like they show on Judge Judy and People’s court. Call your local court house, or court clerk’s office and they will tell you where your SMALL CLAIMS COURT OFFICE is, and what their dollar limits are.

In New York State, the limit is Five Thousand US Dollars. Anything higher and you have to sue in regular civil court. You want Small Claims Court, because it only costs you about $20 to file the case, and you represent yourself. THEY ON THE OTHER HAND must hire a lawyer and show up for the case, or loose a default judgement, and the court will make them pay or loose their license to sell insurance in your state.

Since your profile says you live in Pennsylvania, I can direct you to start your search at this web site.

http://www.consumeraffairs.com/consumerism/small_pa.html

Small Claims Court General Information for The State of PA

Dollar Limit:: Philadelphia Municipal Court: $10,000; District or Justice Court: $8,000. Where To Sue: Where defendant resides or is found or where breach or injury occurred. Corporation resides where it has principal place of business.
Service: Certified or registered mail, sheriff or court- approved disinterested adult.
Hearing Date: Municipal Court: Set by court. District or Justice Court: 12-60 days from service.
Attorneys: Allowed; required for corporations, except when corporation is defendant and claims is for more than $2,500 (Philadelphia Municipal Court).
Transfer: Municipal Court: If defendant counterclaims over jurisdictional limit, case tried in Court of Common Pleas. District or Justice Court: No provision.
Appeals: By either side for new trial or a trial by jury; to Court of Common Pleas within 30 days.
Special Provisions: District Justice Court: no real estate cases; court may order installment payments; court may order arbitration. Municipal Court: no jury trial. If claiming more than $2,000 for injury to self or property, will have to submit a verified (signed under oath) statement of claim (Philadelphia Municipal Court).

By this, I can see that you can sue for up to $8,000 with no lawyer, and they must attend the hearing that will be set for 12 to 60 days after you file.

This is from:
http://www.cmu.edu/policies/Landlord-Tenant/djcourt.htm

In Pennsylvania, landlord-tenant cases are usually filed in District Justice Court. You may have heard this kind of court referred to as Small Claims Court. Filing suit in District Justice Court is a relatively simple proccess. You don’t need a lawyer to represent you. You can file a claim in District Justice Court as long as your damages (i.e., amounts claimed) are under $8,000. A filing fee (ranging from $37.50 to $82.50, depending on the amount in dispute) is required. If you win your case, the other party will usually be required to reimburse you for the filing fee.
There are several District Justice Court offices in Pittsburgh; each one has jurisdiction over a certain geographic area. To determine which office has jurisdiction over your claim, call the District Justice Court Administrative office at 412-350-5485. Once you’ve determined the appropriate office, you can start your action by filing a claim there, stating what the dispute is and what your damages are. The District Justice will schedule a hearing where all parties will have the right to tell their stories, present witnesses and documents and question each other’s witnesses. After the parties are done presenting their cases, the District Justice will make a decision, either at the end of the hearing or by mail. (If a hearing is scheduled and you don’t show up, you automatically lose.)

If you don’t agree with the decision, you can file an appeal with the Court of Common Pleas within 30 days of the District Justice’s decision. A Common Pleas Court case is a more formal process and requires following all the regular court rules and procedures. You will probably want a lawyer to advise you if you file an appeal.

Presenting Your Case.You should prepare for your hearing with the District Justice by thinking about your case and gathering all the evidence you can to support your side of the story. Evidence can take the form of your own testimony, the testimony of others with relevent knowledge, and documentary evidence. For instance, if your case is about not receiving your security deposit, your evidence might consist of your own and your rommate’s testimony that the apartment was clean and undamaged when you moved out, photos taken of the clean apartment, and receipts for payments for cleaning services or cleaning products.

If you can’t afford an attorney, you can obtain low-cost legal assistance from the Allegheny County Bar Association

James,

Thank you for taking the time to write that great letter. My problem is that I’m a transsexual, have been living full-time for a year, and while I’ve removed a lot of facial hair w/electroylsis, I still have a fair way to go. Do you know if there’s insurance precedent for covering electrolysis for TS? Do you know how I’d need to re-word the letter you wrote to get it covered?

Kathryn

That one is harder, as your doctor is not saying that the hair removal is to correct a problem, or help to see the progress of ongoing treatment. If however you have a co-operative doctor, you may give it a go, because if your insurance covers any part of treatment for transsexualism, they must treat all phases of the treatment within reason, and hair removal is very basic to living as a woman. They may not pay for your new chin (no one said you have to be a pretty woman) but hair all over your face is unacceptable as a woman (you have to at least pass as a credible woman for your own safety)

I don’t have time to write much now, but that is what you have to work with. Good luck.

On June 16th, I filed suit. The secretary/receptionist seemed very confused by my request, and said, to paraphrase, “You lost three grievances and you think you can win a suit?” (I thought her job was to have me fill out a form, not question my sanity.)

The District Justice sent a letter to me stating that the Insurance company has said that they will defend themselves. I hope they don’t show up, because the chance of me losing my composure is very high. I’m going to arm myself with all the ammo suggested in this post. When it’s over, I’ll post the outcome.

Actually, they are hoping YOU don’t show up.

It will help if you have your doctor’s co-operation here. Although I understand that most won’t show up and testify for you, it is in your best interests to find out how your small claims court will accept absentee testimony from a doctor. Some will take a letter and an invitation to call the doctor while in chambers, others will take a notarized statement from the doctor.

Remember, to them this is all about stone walling you. These are the people who refuse to pay for your life saving surgery, hoping that you die before you successfully sue them to get it done, all while taking out a secret life insurance policy on your life so that they actually make money on you when you die prematurely. Take nothing but a full judge, not a mediation, an actual judge and a full hearing. If you have the chance, go for a jury trial. Can you find a jury sypathetic to an insurance company?

Federal or state district court? Not sure about your state’s rules, but if you’re in federal court you must demand a jury trial at the proper time:

http://www.law.cornell.edu/rules/frcp/Rule38.htm

Most of these cases will be in your area’s Small Claims Court Division. What ever is the place where landlord/tennant disputes are settled. This puts you in the driver’s seat, because you are the one who files. You don’t need to pay a lawyer, but THEY DO HAVE TO PAY FOR LEGAL REPRESENTATION. Your cost to sue them, less than $50 plus any lost work time for the hearing(s)

You effectively put the insurance company in the situation that it costs them money to fight your suit, instead of their obstanance costing you money while you wait.

I really don’t understand why people are not comprehending that I am talking about your local version of the court shown on shows like Judge Judy, The People’s Court, Judge Joe Brown, and stuff like that.

Here are the highlights from my hearing. They are not necessarily in order and definitely not complete.

7-20-05 I started off by saying that I have Polycystic Ovarian Syndrome and insulin resistance, both of which result in hirsutism, which is a male hair pattern on a woman. The insurance company’s definition of medical necessity says that they will cover a service that “will, or is reasonably expected to, reduce or ameliorate the physical, mental, or developmental effects of an illness, condition, injury, or disability.” I gave him a copy of this, along with both letters from my gynecologist (see my above timeline that I posted on Thu May 19 2005 06:08 PM, under the dates of 6-2-04 and 1-18-05).

Along with that I gave him a copy of a note from my PCP (I put a ‘?’ by the words I wasn’t sure of) stating: “Miss? [Hir-Fem] has PCOS with high DHEAS and testosterone levels. This causes severe? hirsutism and has caused her emotional distress. She has had CT scans of abd? and pelvis which are negative? for any masses and will need hormonal intervention? and electrolysis to treat and ameliorate her condition.”

I wanted to show him my beard photo, but he said that wasn’t necessary.

The judge asked the insurance rep whether Insurance denies that I have these illnesses. She said that they have no problem with the diagnoses.

She gave the judge a copy of “55 Pa. Code § 1141.59. Noncompensable Services.”, listing what they will not pay for. She pointed out # (1): “Procedures not listed in the Medical Assistance program fee schedule”; and #(13): “Cosmetic surgery as defined in § 1141.2. Exception: Cosmetic surgery is a covered service when performed in order to improve the functioning of a malformed body member, to correct a visible disfigurement which would affect the ability of the person to obtain or hold employment, or as postmastectomy breast reconstruction.”

She also gave him a copy of “55 Pa. Code § 1141.2. Definitions.” Cosmetic surgery is defined as “A surgical procedure the primary purpose of which is to improve the appearance of the patient.” A list of examples is given.

Something that doesn’t make any sense to me is that she gave the judge copies of things that argue in my favor, such as my letters to Insurance dated 10-22-04 and 12-24-04, and my speech from grievance #2 (in my timeline it’s dated 1-24-05, but it should be 2-24-05).

One of her exhibits was my GYN’s letter dated 9-3-04, which I hadn’t seen before (I have this dated ?-?-04 in the time line). It states:

"As you can see from the enclosed photograph, Ms. [Hir-Fem] has excessive hair growth on her chin. She also has black, coarse hair on her back, chest and abdomen.

"Although by her history androgen levels in the past have been abnormal, they currently are within normal limits except for an elevated DHEA-S.

"She currently is being treated with Metformin ER on recommendation of an endocrinologist. She continues to have hirsutism. Oral contraceptives and/or spirolactone may be attempted in the future but these drugs are known to only slow the growth and thin out the existing hair shaft. They also may exhibit side effects during the course of treatment.

“For this reason, I am requesting electrolysis for Ms. [Hir-Fem].”

As an example, the judge asked her if a person had kidney disease and their growth was stunted as a result, would insurance pay to have their bones lengthened so they wouldn’t have to be 4’ 6"? She said it would only be covered if it prevented organ damage.

He asked her if I lose this case, can I request reimbursement for future treatments. She said I could, but a precedent would have been set against it. He asked her if Insurance loses would they appeal, and she said that they would be forced to. He told me that if we tie, he will side with Insurance.

The judge said that he felt this was not a case of someone lying or of Insurance’s denial of my condition. The insurance rep started to say “As a woman, I can sympathize-”, but he interrupted to tell her that a man can sympathize too.

He asked me if electrolysis is permanent. I said that there is a small percentage of treated hairs that will grow back, but most will be permanently removed. The insurance rep said she disagrees; electrolysis may kill what hairs I have had treated, but because of a hormonal imbalance, I will continue to produce new hairs. This is when I pulled out my PCP’s prescription for Depo-Provera (from my visit to the doctor just two days before) and said that the imbalance will be taken care of.

At the end I asked if I could show him the photo, and he let me. He was very nice - he said that he was sympathetic to what I was going through. Maybe it was because of his disposition that I managed not to cry, although I did shake all over repeatedly. He even told me not to be nervous, but that actually shook me up more, my voice started to break and I almost lost control.

7-23-05 I received a letter from the judge notifying me that judgment was entered for the plaintiff (that’s me!). They owe me the full amount I paid for electrolysis plus the fee for filing the law suit.

I just wanted to say CONGRATULATIONS!!! I’ve been following this and really pulling for you!!

Good luck with your treatments!

Savannah

And thus I say once again, “Is it alright to say I told you so?”

Ladies and gentlemen, INSURANCE DOES PAY FOR ELECTROLYSIS as long as you have a doctor who will work with you, and you refuse to take any of the insurance company’s B.S. and you insist, and force them in the end if you must, by filing a cheap small claims court case.

In my area, that court case would have cost $30 or less to file.

Much love and congratulations to you dearest Hair-Fem!

Now, just for the satisfaction, why don’t you take the time to go back to the court clerk’s office and share your award letter with that unsympathetic secretary who asked you how you figured you could win a case in court when you had lost grievances to the company who would have to pay if you were successful.