Second-opinion payments okayed

By NANCY PARADIS

© St. Petersburg Times, published May 25, 2000

I went to my doctor when I discovered blood in my urine. She sent me to a kidney specialist, who sent me to a hospital for tests. When my test results came back, the diagnosis was that I had a severe and incurable kidney disease.

My kidney doctor did not feel that this diagnosis was correct and wanted me to get a second opinion from a doctor at Brigham and Women's Hospital in Boston. My medical records and tests were forwarded to that doctor, and, after several weeks went by, my kidney specialist said I had a kidney problem, but it had stopped, and the first diagnosis had been wrong.

I felt great until the bills from Boston started to come. I am with Humana HMO, and I got all the referrals that it asked for. I have also paid all my copayment amounts. Now Humana is saying it does not pay for second opinions.

I know that my problem is not like some that I've seen in the newspaper, but $1,647 is a lot of money to my family. Richard Mull

Response: Shawn Gannon, a specialist in the grievance and appeal department of Humana in Tampa, said your second opinion was reviewed by Humana's regional medical director and approved. Two payments in the amount of $1,647 have been made to the doctor and Brigham and Women's Hospital.

Tapes arrive late

I ordered a set of Ryman Country Homecoming videos from an advertisement on the Nashville Network. I sent a check for $95.90 with my request on Dec. 10.

The videos were advertised on TV on Dec. 4, and delivery was promised by Christmas. I ordered them as a surprise present for my husband.

My check was cashed on Dec. 17, but the tapes never arrived. I sent a follow-up letter and copies of my canceled check on Feb. 29. To date I have not received the tapes or been contacted by anyone concerning my check for $95.90.

I appreciate any help you can give to recover my money or the tapes. Betty Powers

Response: Thanks for letting us know that you received the videos -- on April 27. That hardly counts as delivery by Christmas, but we're glad they finally showed up.

As a reminder, the Federal Trade Commission's mail or telephone merchandise rule states that merchandise must be shipped within 30 days of the order's receipt unless a longer time was clearly specified. If there is a delay, you must be notified of the new shipping date and given the option of canceling and receiving a full refund.

The merchant may assume that you agree to a delay of up to 30 days if you don't respond. If there is a second delay, the merchant must send you a second notice and cancel your order and issue a refund unless you specifically consent to this second delay.

The FTC rule requires the merchant to issue a full refund within seven days if you paid with cash, check or money order or within one billing cycle if you paid by credit card.

Complaints may be filed with the FTC by contacting the Consumer Response Center at its toll-free number (877) 382-4357 (FTC-HELP); TDD: 202-326-2502; or by writing to Consumer Response Center, Federal Trade Commission, 600 Pennsylvania Ave. NW, Washington, DC 20580; or through its Web site, using the online complaint form.

The FTC does not intervene in individual disputes, but it does look for patterns of complaints, which are vital to its law enforcement efforts.

Parts shipped by mail

I have a complaint about the Showtime rotisserie. It was bought on Dec. 7, and, through my own fault, the runners that the door slides on melted. As a result, the door does not work anymore.

I called the number in the accompanying book and ordered the part. I was told that I would get it within two weeks. This was on Jan. 31.

Each time I've called since then, I'm told the same thing, that I'll get it within two weeks. The company cashed my check so why it doesn't send me the part I just don't know. I sure hope you can help me since I've waited three months for this part and still have nothing. Santo Sardina

Response: Mary Armstrong, customer complaints analyst with Popeil Inventions in Chatsworth, Calif., said the company's records show that a letter was received from you. She apologized for the delay in responding and said your request for runners has been released to the shipping department. The parts will be shipped by mail, and you should receive them within 14 to 21 days.

Action solves problems and gets answers for you. If you have a question, or your own attempts to resolve a consumer complaint have failed, write Times Action, P.O. Box 1121, St. Petersburg, FL 33731, or call your Action number, 893-8171, or, outside of Pinellas, (800) 333-7505, ext. 8171, to leave a recorded request.

Requests will be accepted only by mail or voice mail; calls cannot be returned. We will not be responsible for personal documents, so please send only photocopies. If your complaint concerns merchandise ordered by mail, we need copies of both sides of your canceled check.

We may require additional information or prefer to reply by mail; therefore, readers must provide a full mailing address, including ZIP code. Names of letter writers will not be omitted except in unusual circumstances. Letters may be edited for length and clarity.

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