Response Oncology, Inc. v. Blue Cross & Blue Shield

941 S.W.2d 771, 1997 Mo. App. LEXIS 483, 1997 WL 131512
CourtMissouri Court of Appeals
DecidedMarch 25, 1997
DocketNos. WD 52263, WD 52292
StatusPublished
Cited by5 cases

This text of 941 S.W.2d 771 (Response Oncology, Inc. v. Blue Cross & Blue Shield) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Response Oncology, Inc. v. Blue Cross & Blue Shield, 941 S.W.2d 771, 1997 Mo. App. LEXIS 483, 1997 WL 131512 (Mo. Ct. App. 1997).

Opinion

LOWENSTEIN, Judge.

This dispute arose between a medical treatment provider and provider of health care benefits (insurer) in the arcane world of health insurance and provider reimbursement. Before reciting all the facts, an overview is in order.

The plaintiff-respondent (Response) operates the IMPACT Center (an acronym for implementing advanced cancer treatment) in Columbia which administers high dose blood cancer treatment on an outpatient basis from a free-standing building. This treatment for blood cancers utilizes high dose chemotherapy (HDC) including peripheral stem cell transplantation (PSCT). This methodology of treatment, performed in five stages, is for persons suffering from a type of cancer known as lymphoma. The first four treatments are rendered to outpatients at the IMPACT center. The last stage requires hospitalization. The defendant-appellant, Blue Cross and Blue Shield (Blue Cross), entered into a private contract of insurance with Michael Jabbour. This contract, referred to as a managed care contract, obligates Blue Cross to pay essentially all the patient-insured’s costs of treatment if provided by preferred medical providers, specifically named by Blue Cross. This contract generally prohibits the insured (patient) from assigning any contract benefits. The five-[773]*773stage HDC treatment was listed as a covered benefit to the insured under his contract with Blue Cross. In late 1992, Jabbour, a mid-Missouri resident, was diagnosed with lymphoma. His physician recommended high-dose chemotherapy (HDC) and PSCT.

Blue Cross had a separate contract with Response in which Response of Columbia would, as a provider, perform certain lower level blood treatments known as Home Infusion (HC) on persons who had a contract of insurance with Blue Cross. This contract, referred to as a participating provider contract, allowed all Blue Cross’s policyholders to use the named provider for a pre-set fee. After the treatment, the health care provider would be directly reimbursed for the agreed upon amount. No bill would be sent to the patient. In November of 1992, Jabbour executed an assignment of benefits under his Blue Cross contract in favor of Response. In early January 1993, Jabbour started high dose chemotherapy treatment at the IMPACT Center. He completed the treatment, but unfortunately, he died. As the reader might now guess, the cost of treatment by Response far exceeded the amount Blue Cross felt it was obligated to pay, hence, this suit was initiated and resulted in a judgment in favor of Response for the difference between Response’s reimbursement from Blue Cross and the actual cost of the treatment provided to the patient.

In the elaboration of the contracts and their provisions that follows, the reader is advised that the contract between Blue Cross and the patient, has the indicia of an insurance policy that provides a series of listed services to the patient at no additional cost, if the patient uses a designated (or preferred) health provider such as Response. In other words, once deductibles and co-payments are met by the insured, the cost of the procedure is paid directly by Blue Cross to the preferred provider, and the patient is never billed. The contract between Blue Cross and Response is more like a business agreement where, for a pre-set figure, the provider will treat all patients sent to it by Blue Cross or other preferred providers. The provider bills Blue Cross, and is paid according to the contracted, scheduled amounts. Review of the judgment is under the standard set forth in Rule 73.01 and Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976).

THE JABBOUR-BLÜE CROSS CONTRACT (managed care agreement)

In 1992, Jabbour took out an individual health policy, in which he was denominated as a “Non-group Alliance” member, with Blue Cross. Members such as Jabbour, were encouraged to use “participating providers,” those who had a participating contract with Blue Cross in which the provider had agreed with Blue Cross on certain charges for certain procedures, and the member would “not have to pay participating providers any charges above the allowed charge.” The contract provided coverage for HC treatment and covered “one hundred percent of eligible expenses,” if administered through a managed care entity (a preferred provider). The term, “covered expenses” refers to charges for which Blue Cross “may make payment,” and are “not necessarily the same as a Provider’s actual charge, and the charges paid by Blue Cross shall be subject to the Schedule of Benefits....” “[Blue Cross] shall have sole discretion to determine Covered Expenses,” subject to the contract terms, but “[i]n many cases, Covered Expenses are limited for the benefit of Participants [insureds], by the Provider’s [Response] contract with [Blue Cross].” In instances where the insurance contract is silent as to terms for a procedure, Blue Cross is given “the sole discretion” as to the methodology to determine what is the “Usual, Customary and Reasonable Charge Máximums” (UCR). The UCR charge is determined by “comparing a provider’s charge for a service to the ‘usual’ and ‘customary’ fees of providers with comparable qualifications.”

The contract called for payment to be made directly from Blue Cross to a provider if it was a preferred provider (Response). If the provider was not a preferred provider, but was a participating provider not subject to an agreed upon schedule of charges, the provider would bill the member (patient) directly and the member would then seek reimbursement from Blue Cross. The con[774]*774tract, -with one exception, prohibited Jabbour from any assignment of benefits. The applicable exception read: “If Prescription Drugs are provided by a licensed pharmacist, [Blue Cross] will recognize a valid assignment by the Member [insured] to the pharmacist of the Member’s right to receive payment for the Prescriptions Drugs ...” Prescription drugs are defined in the policy as “drugs and medicines ... which legally require a prescription by a physician ... and which must be dispensed by a licensed registered pharmacy. ...”

THE RESPONSE-BLUE CROSS CONTRACT (preferred provider agreement)

Effective January 1, 1993, the parties to this suit entered into a “Participating Home Care Infusion Therapy Agreement,” a contract form prepared by Blue Cross. Response is referred to as a “Home Care Infusion Care Therapy Provider (HC),” which seeks to provide, “HC services to covered persons.” Several schedules regarding the amounts Blue Cross would pay for certain procedures were appended to the contract, but, only the “Infusion Therapy Prospective Payment Schedule Alliance Business” is applicable here. “Alliance business” is “[T]he name given to the preferred provider program offered by [Blue Cross] which provides incentives to Covered Persons enrolled in the program to utilize contracting preferred providers when health care is needed.” (Jabb-our was an Alliance member.) “HC services” are defined as: “HC infusion therapy procedures, care, supplies, and services rendered to a Covered Person by a Participating HC as ordered by the attending physician and included in the Plan of Treatment.” As part of the two-page “Alliance Business” schedule, there is a portion for per diem fees for Chemotherapy in Infusion Center Cases.

Response agreed “... not to collect from Covered Person at the time of service ...

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Cite This Page — Counsel Stack

Bluebook (online)
941 S.W.2d 771, 1997 Mo. App. LEXIS 483, 1997 WL 131512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/response-oncology-inc-v-blue-cross-blue-shield-moctapp-1997.