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Health Exchange faces class action lawsuit from patients

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Updated: 6/20 1:06 am

LAS VEGAS (KSNV & MyNEWS3) -- Patients in a class action lawsuit against Nevada's Health Insurance Exchange want action. They're suing because they claim they've gone uncovered, even though they paid for policies.

So many people have been caught up in the enrollment glitches thinking they were enrolled, even paying their premiums. In some cases, by the time they got in to see a doctor it was too late.

"It's breaking all our hearts. That's no lie, to see her in that state when she didn't have to be if they had got to it," said Robert Rolain about his wife Linda.

Linda is dying before his eyes. He's upset because of the problems they encountered trying to enroll for health insurance through Nevada Health Link. By the time Linda was covered for brain cancer surgery, the cancer was too advanced. Rolain says he heard it from the nurse.

"Has a mass on her whole side and he said you have to prepare yourself," Rolain said.

Now Linda is in hospice with little time.

"She's like a vegetable. We gotta feed her. We gotta change her, bathe her," Rolain said.

Like the Rolains, Karen Cwikla also got caught in the confusion of enrolling, paying, but not being covered. She has multiple myeloma, plasma cell cancer.

"I feel like my condition would probably be better if we had been able to start treating it sooner," Cwikla said.

She is undergoing chemotherapy right now.

These are just a couple of examples of patients being represented in the lawsuit against the state Health Insurance Exchange and Xerox, the company recently fired by the state. Through a writ, lawyers are calling for an emergency task force to help get these patients care immediately.

"North and south, manned by experienced private insurance brokers who know how to get through that impenetrable barrier to get coverage when it's urgent or emergent," said attorney Matthew Callister.

This action is in addition to the class action lawsuit that continues expand, as these patients continue to get sicker and disheartened.

"It's just disposable, it's just numbers, that's what I feel everybody is," Cwikla said.

The writ was filed in district court, and these attorneys hope to have a court date set within a week.

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