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BCBSIL Requests Patient Records

By Adrienne Hersh, JD, ICS Legal Counsel · August 13, 20154 min read
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The Patient Protection and Affordable Care Act (PPACA) established state-based health insurance exchanges to sell insurance plans to any citizen, regardless of health status. The PPACA included risk mitigation provisions that apply to individual and small group market plans because of the possibility of increased numbers of riskier (i.e. sicker) health plan members. Under the risk adjustment program, HHS or the exchanges will assess the actuarial risk within each plan, based on the health status of its participants, and compare it to the average actuarial risk of all plans in the state, including the large group plans. Plans that have an enrolled population with lower than average actuarial risk will make payments to those plans that have enrolled individuals with higher than average actuarial risk.

According to BCBSIL (Blue Review September 2012), “Risk Adjustment makes it possible to understand the illness burden each provider is managing, enabling a fairer comparison of performance across health care providers. The use of severity-of-illness measures, such as diagnoses, to estimate the health risk (measurable or predictable health care cost expenditures) to which a patient is subject is a consistent, scientific approach to quantifying and measuring risk. It also allows comparison of quality outcomes and cost performance in the context of the specific patient health risks managed across health care organizations (hospitals, insurers) and communities.”

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About the Author

Adrienne serves as Illinois Chiropractic Society general counsel and provides legal advice and support on a wide range of legal issues affecting chiropractic physicians, including licensing and other health care regulations, scope of practice, insurance and reimbursement, business structuring, labor and employment, contracts, and litigation. Adrienne previously served for 8 years as general counsel to the Illinois Department of Professional Regulation (now the Division of Professional Regulation, Department of Financial and Professional Regulation), where she was chief legal counsel responsible for overseeing all legal issues and advising the 50+ licensing and disciplinary boards, including the Medical Disciplinary Board and the Medical Licensing Board. She is a member of the Illinois State Bar Association Health Care Section, the Illinois Association of Healthcare Attorneys, and the National Association of Chiropractic Attorneys.

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