Anyone interested in a class action suit?

**chip anderson** · 06-22-2005, 07:15 PM

I have just learned that in our state at least:

1) An insurance company cannot dictate your choice of body shops if you are involved in an accident.

2) An insurance company cannot dictate your choice of attorneys if you are involved in a lawsuit (as in personal injury).

Why don't those who care in the optical business initiate a class action suit barring insurance companies from dictating :

1) Choice of doctors?

2) Choice of optical providers?

Anyone interested?

Note: Apparently the above mentioned laws do not apply to the optical insurance or medical insurance business at the present time.

Chip:cheers:

**For-Life** · 06-22-2005, 07:18 PM

the nail has been hit on the head

**Jacqui** · 06-22-2005, 07:26 PM

I'll have to check Wisconsin law, but it is probably about the same. It really doesn't make sense. :(

**drillmountmaster** · 06-22-2005, 07:50 PM

Know any good lawyers who like to work for free? Because the Opticians of the world are not organized and have no money to pay the legal fees.....of course maybe we could start our own union and the dues could go towards this kind of thing.....

Originally Posted by chip anderson

I have just learned that in our state at least:

1) An insurance company cannot dictate your choice of body shops if you are involved in an accident.

2) An insurance company cannot dictate your choice of attorneys if you are involved in a lawsuit (as in personal injury).

Why don't those who care in the optical business initiate a class action suit barring insurance companies from dictating :

1) Choice of doctors?

2) Choice of optical providers?

Anyone interested?

Note: Apparently the above mentioned laws do not apply to the optical insurance or medical insurance business at the present time.

Chip:cheers:

**Cindy Hamlin** · 06-22-2005, 10:46 PM

Originally Posted by drillmountmaster

Know any good lawyers who like to work for free? Because the Opticians of the world are not organized and have no money to pay the legal fees.....of course maybe we could start our own union and the dues could go towards this kind of thing.....

Drillmountmaster,
To my understanding to participate in a class aciton suit costs you nothing so lack of money wouldn't factor into that. Only the attorney willing to take the case would prevent its proceeding.

**shanbaum** · 06-23-2005, 04:58 AM

Originally Posted by Cindy Hamlin

Drillmountmaster,
To my understanding to participate in a class aciton suit costs you nothing so lack of money wouldn't factor into that. Only the attorney willing to take the case would prevent its proceeding.

That depends on the kind of suit - what you say is usually true when the class is seeking to recover damages. It's usually not true for suits in which the class seeks "injunctive relief" - that is, to get some entity or entities (like, insurance companies) to stop doing something.

I'm just guessing, but I suspect that vision-care plans are not technically "insurance", but something more like service agreements - but that would vary from state to state.

**drillmountmaster** · 06-23-2005, 05:47 AM

No lawyer would take the case because there is no money in it for them......and you missed the whole point of my post

Originally Posted by Cindy Hamlin

Drillmountmaster,
To my understanding to participate in a class aciton suit costs you nothing so lack of money wouldn't factor into that. Only the attorney willing to take the case would prevent its proceeding.

**Jacqui** · 06-23-2005, 07:14 AM

Some attorneys will take these cases to build thier reputations.

**Spexvet** · 06-23-2005, 07:14 AM

Originally Posted by chip anderson

Why don't those who care in the optical business initiate a class action suit barring insurance companies from dictating :
Chip:cheers:

Chip,
Aren't you philosophically against law suits? Aren't those with your perspective pushing tort reform? Aren't there some people who would call this suit "frivolous"?:p :p :p

**drillmountmaster** · 06-23-2005, 07:30 AM

Still missing the point of my post...............

Originally Posted by Jacqui

Some attorneys will take these cases to build thier reputations.

**chip anderson** · 06-23-2005, 07:50 AM

Yes, I am against most lawsuits, but I hate to see the optical industry and medicine in general being taken over by insurance companies. I feel that you should be able to pay for coverage (if optical coverage really should be an option at all) and make your choice as to who should provide services. Of course I also feel that one should see the doctor for medicine, surgery and examination and your precription should be your own to do with and where with as you will.

Chip

**Ed_Optician** · 06-23-2005, 08:30 AM

It appears that many insurance plans have been trying to cut the optician out of the picture
Too many times insurance plans will not let independent opticians join their panel because they were not a "doctor"
Is this due to MDs and ODs being a part of the boards of these companies?
Partially so, Insurance plans need to treat opticians as a co provider akin to a pharmacist who provides Rx meds
Is it due to the apathetic behavior of opticians?
I think the opticians have not been proactive in building their position in the optical world. We all need to organize through our state societies and national organizations...OAA and NAO. If we organize ourselves as a group of healthcare providers people will listen

Ed

**GOS_Queen** · 06-23-2005, 08:36 AM

Originally Posted by Ed_Optician

Is it due to the apathetic behavior of opticians?
I think the opticians have not been proactive in building their position in the optical world. We all need to organize through our state societies and national organizations...OAA and NAO. If we organize ourselves as a group of healthcare providers people will listen

Ed

Beautifully said :cheers:

**GOS_Queen** · 06-23-2005, 08:37 AM

Originally Posted by chip anderson

I feel that you should be able to pay for coverage (if optical coverage really should be an option at all) and make your choice as to who should provide services. Of course I also feel that one should see the doctor for medicine, surgery and examination and your precription should be your own to do with and where with as you will.

Chip

(emphasis mine)

Beautiful, Chip :cheers:

**drillmountmaster** · 06-23-2005, 09:59 AM

VSP was staterd by Optometrists in California 30 years ago.......their policy is that a doctor has to own 51% of the business to be allowed to take VSP.....if you get a smart lawyer and a willing OD you could get around this.....you just have to be a little creative.

Originally Posted by Ed_Optician

It appears that many insurance plans have been trying to cut the optician out of the picture
Too many times insurance plans will not let independent opticians join their panel because they were not a "doctor"
Is this due to MDs and ODs being a part of the boards of these companies?
Partially so, Insurance plans need to treat opticians as a co provider akin to a pharmacist who provides Rx meds
Is it due to the apathetic behavior of opticians?
I think the opticians have not been proactive in building their position in the optical world. We all need to organize through our state societies and national organizations...OAA and NAO. If we organize ourselves as a group of healthcare providers people will listen

Ed

**slaboff** · 06-23-2005, 10:20 AM

Originally Posted by shanbaum

That depends on the kind of suit - what you say is usually true when the class is seeking to recover damages. It's usually not true for suits in which the class seeks "injunctive relief" - that is, to get some entity or entities (like, insurance companies) to stop doing something.

I'm just guessing, but I suspect that vision-care plans are not technically "insurance", but something more like service agreements - but that would vary from state to state.

I believe you are right, it is not insurance but service plans

**slaboff** · 06-23-2005, 10:24 AM

Originally Posted by Ed_Optician

It appears that many insurance plans have been trying to cut the optician out of the picture
Too many times insurance plans will not let independent opticians join their panel because they were not a "doctor"
Is this due to MDs and ODs being a part of the boards of these companies?
Partially so, Insurance plans need to treat opticians as a co provider akin to a pharmacist who provides Rx meds
Is it due to the apathetic behavior of opticians?
I think the opticians have not been proactive in building their position in the optical world. We all need to organize through our state societies and national organizations...OAA and NAO. If we organize ourselves as a group of healthcare providers people will listen

Ed

You are so right Ed. I am part of my state organization, however we focus strictly on education (currently) and are considering becoming a registered state... I really think something like this should be done on a national level.

**drillmountmaster** · 06-23-2005, 10:26 AM

So, lets start an organization.....

Originally Posted by slaboff

You are so right Ed. I am part of my state organization, however we focus strictly on education (currently) and are considering becoming a registered state... I really think something like this should be done on a national level.

**slaboff** · 06-23-2005, 10:28 AM

Originally Posted by drillmountmaster

So, lets start an organization.....

I am ready to right here right now.

**drillmountmaster** · 06-23-2005, 11:43 AM

I think it should resemble a nationwide union......but not actually be a union

Originally Posted by slaboff

I am ready to right here right now.

**Stopper** · 06-23-2005, 11:58 AM

Originally Posted by chip anderson

I feel that you should be able to pay for coverage (if optical coverage really should be an option at all) and make your choice as to who should provide services. Of course I also feel that one should see the doctor for medicine, surgery and examination and your precription should be your own to do with and where with as you will.

Chip

It's called a health care savings acount. Anyone can choose this option now. (Just for the record, I do agree with your basic principle)
Cheers

**slaboff** · 06-23-2005, 12:01 PM

we could call it an organization to prevent optician discrimination:)

**drillmountmaster** · 06-23-2005, 12:29 PM

Or an Organization for Opticians rights

Originally Posted by slaboff

we could call it an organization to prevent optician discrimination:)

**drillmountmaster** · 06-23-2005, 12:31 PM

The first thing we could do is organize a nationwide Lens Crafters strike on the same day and send a press release stating that negotiations to resume work will only be conducted on Optiboard......

**Ed_Optician** · 06-23-2005, 01:54 PM

Shouldn't that strike be against Luxotica and all of the companies it played Pac Man with? We should include our friends at Cole Vision and Pearle as theey are all now one and the same

Ed