$9 Million to Woman with Breast Cancer for Cancelled Health Insurance

A woman who had her canceled as she was for has been awarded more than $9 million in a case against one of California’s largest .

Patsy Bates, 52, a hairdresser from Gardena, had been left with more than $129,000 in when . canceled her policy in 2004.

Arbitration judge Sam Cianchetti ordered Health Net to repay that amount while providing $8.4 million in and $750,000 for emotional distress.

“It’s hard to imagine a situation more trying than the one Bates has had to endure,” Cianchetti wrote in his findings. “The rug was pulled out from underneath, and that occurred at a time when she is diagnosed with , one of the leading causes of death for women.”

In fact, she was in the hospital getting prepped for surgery when she first learned Health Net was dropping her.

Some of the documents Health Net was forced to hand over revealed that senior analyst, , single-handedly dropped hundreds of policy holders like Bates from the rolls every year.

The shocker: the company awarded her bonuses based on how many policy holders she dropped.

The company called 2003 - the year Fowler dropped Patsy Bates - “a banner year” for her, for saving the company $6 million in what they call “unnecessary .”

Health Net said it was implementing a freeze on policy cancellations that would last until the company sets up a third-party review panel to scrutinize cases.

“Obviously we regret the way that this has turned out, but we are intent on fixing the processes to maintain the public trust,” Health Net spokesman David Olson said.

Bates had previously been insured with another company but was persuaded to switch over to a Health Net policy after an agent suggested she could save money.

She said she had undergone surgery to remove the tumor and had received her first two chemotherapy treatments when doctors stopped treating her because her bills were going unpaid.

She went on to complete her cancer treatment through a state-funded program.

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  3. That’s a great outcome to a potentially terrible situation. Unfortunately, in most cases like this, the insurer is liable only for contract damages (ie, the money it should have paid in the first place) because of ERISA. She is lucky to have gotten out of ERISA and been in a state that allows a bad faith action.

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