Thursday, October 31, 2013

Governor rescinds Blue Cross executive order

Governor Phil Bryant just rescinded his executive order directing Blue Cross to reinstate ten HMA hospitals to network status. He also threatened legislative action if the dispute between the two companies is not resolved.   The Governor issued Executive Order #1328 stating:


"Sections 4,5, and 7 at pages 5-6 of Executive Order 1327, which required action by the ten ffected hospitals and Blue Cross & Blue Shield of Mississippi, are hereby fully and finally rescinded.   Therefore, as amended, Executive Order 1327 requires no action by the hospitals or Blue Cross & Blue Shield of Mississippi."

Blue Cross just filed a notice of dismissal in U.S. District Court for its petition for a restraining order and preliminary injunction against Governor Phil Bryant. The company issued its own press release:

"Blue Cross & Blue Shield of Mississippi is very pleased that the Governor decided to withdraw his executive order. We have believed from the onset that the issue between Blue Cross & Blue Shield of Mississippi and HMA was a business matter between two private companies.

As stated before, we feel certain that Blue Cross & Blue Shield of Mississippi and Governor Bryant share a common goal of a healthier Mississippi. In this time of healthcare reform challenges, we will continue to work for quality and affordable healthcare for our members and all 
 Mississippians."

However, Governor Bryant issued this statement:

Gov. Phil Bryant today modified Executive Order 1327, which had previously required Blue Cross and Blue Shield of Mississippi to temporarily reinstate ten Mississippi hospitals pending an investigation by the Department of Insurance. As modified, the Order no longer requires action on the part of Blue Cross or the hospitals, but the Department of Insurance is still required to conduct a hearing or to submit a report to the Governor on why no hearing is necessary. Blue Cross also voluntarily dismissed its related federal lawsuit today.



Gov. Phil Bryant had the following statement upon modifying Executive Order 1327:

I appreciate Blue Cross’s willingness to re-engage in discussions with the hospitals to see whether there is room for a compromise that will benefit all involved, including most importantly the patients that Blue Cross insures and these hospitals serve. I am also encouraged that four of the affected hospitals were recently readmitted to the Blue Cross network.

Although my attorneys and I still believe my original order would have more than likely been upheld in full by the courts, continued litigation and potential appeal would stretch well beyond the order’s original 60-day expiration. In light of the cost and time associated with protracted litigation, and because I believe more progress can be made on this issue outside of litigation, I am amending my order to remove those portions contested in federal court.

I appreciate the work of Attorney General Jim Hood and Assistant Attorney General Harold Pizzetta in defending my position and for their counsel throughout the process.

While Executive Order 1327 has been modified to exclude the provisions requiring action on the part of Blue Cross, it still requires the Department of Insurance to continue its investigation and hold hearings, if appropriate, or to issue a report if the Department determines that no hearing is required.

If there is no private or administrative solution to this matter, I expect legislative action during the 2014 session.


Kingfish note: Looks like the Governor threw in the towel. Gallo to blame Tate in 3..2...1.. Seriously though, there is one important statement here: "willingness to re-engage in discussions". Hmm..... Governor withdraws EO, Blue Cross withdraws petition in federal court, Governor states parties are talking to each other. Very interesting.

23 comments:

nmisscommenter said...

woah.

Anonymous said...

Feel goes teats up. Didn't see that coming.

Anonymous said...

Phil Bryant. A man with no clue and bad advice.

Anonymous said...

5:03 Could not have said it better - Amen!

Anonymous said...

One word - IDIOT! Why would Cowboy Phil and his attorneys rescind his executive order if they thought the court would rule for their side? IDIOT IDIOT IDIOT! Thank God for Mike Chaney - at least someone involved in this deal has some sense! Chaney For Governor in 2015! Sounds good!

George Beulow's Ghost said...

Cecil Brown for Governor. Just thought I'd add one more stupid comment.

Anonymous said...

Can he call a special session over this?

Anonymous said...

What happened?? I saw a TV spot just this morning thanking the Governor for saving our hospitals. Driving to Hobnob from early mtg at Pine Lake this morning I saw the billboard at Wilson Auto with the same message. Got a flyer at the house last week (after judge whatsizname's ruling) telling me the same thing. Did the Governor save our hospitals or not?

Anonymous said...

I heard a radio spot indicating all the residents of Amory would die if Blue Cross didn't reverse their policy.

Anonymous said...

Why would he rescind the order? To avoid being called as a witness next week and being put under oath to testify why he really did this????????

Anonymous said...

Politics is interesting. This is a feint, probably knew it would be blocked, but also will give him a legit reason to take away the state funded pool from BCBS. I think you underestimate Phil. This isn't over. He is going to force Cheney to do his job whether he likes it or not.

Anonymous said...

Any public response from Mike Chaney?

Anonymous said...

Under the fair trade laws BCBS has sold healthcare to it's insured without the capacity to provide access without undue waits and limits. The remaining two non profits are also adversiting that they will be able to take care of the demand of those insured by being preferred network providers. We all know that this isn't the case. The fair trade act is in violation and the PR spin jockeys for BCBS, St Doms, and the baptists are lying by saying they can accommodate the demand of inpatient admissions and surgical procedures. When both non profit hospitals are on diversion during flu season I guess BCBS insured should just go home and drink theraflu.

Anonymous said...

Phil Bryant, garbage-in, garbage-out.

Anonymous said...

Yep 8:54pm
State workers insurance to be administered by UHC within a year????
Don't forget UHC got CHIPS. There are still plenty cards for the Gov to play in this one... Interesting

Kingfish said...

you really want to get on UHC plan? There is a reason health care providers hate them more than anyone else.

Anonymous said...

While they require more preceetification of scans, they are much easier to deal with for day in and out dealings. BCBS won't let you get a test for a stomach injection unless you are at a GI office.

Anonymous said...

I have had no problem with Hinds County's UHC policy. No deductible for doctor's visits,$25.00 co-pays and can visit every hospital in this area. Also, it should be mandatory that every insurance company in this state allow care from University Medical Center. It's our teaching hosptital and they should be supported.

Anonymous said...

We have been very happy with uhc. Why bcbs won't even offer an hsa type plan in Mississippi is beyond me. Uhc has come a long way in recent years. I think most providers would agree

Anonymous said...

If there is anything dumber than Bryant can do than we he just did,it would be moving the State Employee plan to United Health...but after seeing this all play out,I would never underestimate his stupidity

Anonymous said...

Chaney is doing his job - in an systematic order to investigate and determine whether BCBS is operating in accordance with the laws of the state of Mississippi. Phil, on the other hand, is going with his deputy sheriff's mentality - shot from the hip first and let's see what happens! Phil needs help - Hell, he's praising Jim Hood and what Hood has done to help him. I remember when he was auditor, he stated that Mike Moore was the best Attorney General we have ever had! Next thing you know Sam Hall and Bill Minor will be writing positive stories about Phil. Can you spell Democrat?

Anonymous said...

Can't wait for the updated TV ads. What, you don't think we will see them now?

Anonymous said...

Phil Bryant is not a good governor. It is really sad, actually. He does not believe in freedom or what can be done to maximize freedom. He does not believe in increasing the number of Mississippians who have health insurance. Republican governors in all sorts of states (e.g., Ohio) have allowed for the expansion of Medicaid knowing that federal tax dollars are paying for it. I don't think that we can afford to wait two more years for Phil to continue to "lead." Time for a recall movement.


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