Wealthy investor Bill Ackman said that he would jump into a dispute between UnitedHealth and a doctor who said the insurer called her as she was about to begin a pre-authorized breast cancer surgery to deny an inpatient overnight stay after the surgery.
Dr. Elizabeth Potter posted to Instagram in early January that during a breast cancer surgery: “I was interrupted by a call from United Healthcare—while the patient was already asleep on the operating table. They demanded information about her diagnosis and inpatient stay justification.
“I had to scrub out mid-surgery to call United, only to find that the person on the line didn’t even have access to the patient’s full medical information, despite the procedure already being pre-approved.
“It’s beyond frustrating and, frankly, unacceptable. Patients and providers deserve better than this. We should be focused on care, not bureaucracy.”
She posted on Twitter again about United: “UnitedHealthcare didn’t stop at calling me during surgery. Now, they’ve sent me a legal threat — and even worse? They ended up denying my cancer patient’s hospital stay. Exactly what I was afraid would happen. Staying overnight after major surgery isn’t optional — it’s medically necessary. But UnitedHealthcare decided they know better than the doctors caring for the patient. When they called me while I was operating, I knew that if I didn’t step out and respond immediately, they might deny her stay — leaving her with a massive bill. So, with another surgeon in the OR, I scrubbed out and called them back. But after all of that? They denied her stay anyway. And instead of fixing their broken system, they sent me a legal threat for speaking out.”
On XTwitter on Thursday, Ackman, head of Pershing Square Capital, wrote that he had made a post about Potter, but then took it down because a law firm representing United had called him to say Potter’s story was not true. He also said that United had complained to the Securities and Exchange Commission about his post. He added that he has no financial interest in United. (Ackman is known as an activist investor and is not shy about using his big megaphone to criticize those with whom he does not agree.)
Potter reached out to him on XTwitter, and apparently they talked.
Then he wrote:
“I just spoke at length to @EPotterMD and I have asked her for all of the supporting documents, emails, call records, etc which she has agreed to provide. I found her and her story totally credible.
“@UHC has publically called her a liar, and UHC’s general counsel has told my CLO that Dr. Potter is not telling the truth. We have asked UHC to explain with particularity what Dr. Potter has said and/or written that is false. They have yet to respond to this request. I took down my original post on this matter because UHC’s outside counsel told my CLO that I was wrong and that Dr. Potter was not telling the truth. Based on what I have heard so far, I believe that Dr. Potter is telling the truth and that UHC appears to have denied coverage for a necessary post-surgical overnight stay and interfered with a surgeon mid-operation without good reason. They have also threatened the doctor with defamation and significant financial liabilities. And they have complained to the @SECGov about me.
“I await UHC’s side of the story and supporting facts before I can conclusively form a view on what has happened here. In the meantime, I have told Dr. Potter that I will cover her legal expenses to defend her from UHC’s claims, and to make sure that she has proper representation so that this is a fair fight. Stay tuned. This should be interesting. And there is a possibility that good will come from this. Healthcare and our insurance system is in trouble and needs a reboot.”
‘I will not be silenced’
In her post about United’s threat, Potter added: “Let me be clear: I stand by everything I said. I told the truth. I was honest about what’s happening in our healthcare system. And I will not be silenced by legal threats when it comes to advocating for my patients and my ability to care for them.
“Denying an overnight stay that a doctor orders is dangerous. The doctor caring for the patient should be able to make these decisions without delay, pressure, or harassment. If I don’t speak up, I lose — my integrity, my voice, and the opportunity to make a difference.
“And while it’s intimidating to receive a letter like this from a company as powerful as UnitedHealthcare, I know where I stand. I am a woman taking care of women affected by breast cancer. I do this work with all of my heart, and I will continue to speak up for my patients — because they deserve better.
“I ask you to follow along, share this story, and have these conversations in your own communities. I know I’m not the only one dealing with this, and real change will take all of us telling our stories and standing up for what’s right.
“I’m here for it. Are you?”
She posted the United letter in its entirety on her Instagram.
