So it's a matter of semantics, then? The insurance company words their contracts so the average person would believe that they are getting covered treatment at an in-network facility when that might not be the case. That is reprehensible at best.
When represented in that manner, yes, of course it would sound reprehensible. However, generally, it's not a matter of semantics, and there is no intent to deceive. Rather, generally, it is a matter of the supplier delivering
what was promised, rather than
what was expected. It's the way every complicated commercial transaction works in our economy.
Go to disneyshopping.com. On the front page is a statement showing PJ Pals for "AS LOW AS $7.99". Some consumer might expect that the pictured product is $7.99. It's not. It's $12.99.
Go to
amazon.com. On the front page is an ad with bold, red lettering saying "FREE Super Saver Shipping." In small, light-grey lettering is the notation "Restrictions Apply."
Go to tivo.com. On the front page is an offer for a TiVo for less than $50, again in bold, red lettering -- this time in large type. In small, grey lettering below is the "Click offer for details" notation.
I would love to hear from a lawyer on this. If you are charged by a doctor who did not inform you that he would not accept the insurance why do you have a legal obligation to pay him?
That's why they make you sign a statement saying you'll pay the entire charge, regardless of insurance arrangements. The patient is always 100% responsible to the hospital and doctors. The insurance is an agreement between the patient and the insurance company; it isn't a three-way agreement.
What would happen if you wrote on the form you sign agreeing to pay "I wish to be informed of any out of network charges prior to services being rendered"
There is a legal principle that precludes individuals from making substantive changes to boilerplate contracts. I'd have to dig up the citations, and that might take a while. Does anyone have them handy? It is a strictly anti-consumer/pro-business legal principle, but it is the law of the land. Basically, it requires any changes to an offered contract to be
explicitly agreed to by both sides (both sides must initial the change, for example), in order to have the force of law. Folks making such changes should understand that until they obtain such explicit agreement, they shouldn't express their own agreement to the contract-as-a-whole, or risk the contract being enforced as originally offered, rather than as they sought to amend it. (Beyond that, many of these contracts actually state that no changes to the printed contract are permitted.)