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10-05-2009, 09:32 PM
| | Junior Member | | Join Date: Oct 2009
Posts: 1
| | | Strong-armed health tests I have recently learned that my wife's job's health care plan has decided to strong-arm everyone into getting medical tests to avoid facing a gigantic increase in deductible. That apparently includes spouses, too. I have no medical issues to hide so could just cooperate, but I cannot bring myself to do so. There's no question that this is clearly a violation of good morals as an invasion of medical privacy. As immoral behavior is frequently still legal behavior, the question is if there is any legal action that can be taken against it or not. It turns out the problem may, oddly enough, be with the company itself rather than the insurance company.
What is the name of your state (only U.S. law)? Oregon
Last edited by anonymous091005; 10-05-2009 at 09:53 PM.
Reason: Corrections
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10-05-2009, 10:05 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 20,567
| | | There is nothing illegal about this type of request and it seems to be getting more and more common.
__________________ Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.
-Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE!
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10-13-2009, 11:03 AM
| | Member | | Join Date: May 2008 Location: Mn
Posts: 50
| | | There may be an underwritter involved and/or your company is trying to get lower premiums if they can show a majority of its employees are more on the healthy side. Although they may want to raise premiums if they find any major health problems in the employees and dependents. Also, some companies, mostly larger ones, are self funded but have an insurance company administer the health claims but money for paying claims comes out of the employers pocket. Maybe said company is thinking of being self funded or are self funded now and are thinking of switching and are trying to get an idea of what their liability or what the $ amt. premiums could be maybe if they switch.
Ask if they are self funded. They can tell you, they just don't advertise that fact. It is sometimes can mean they don't have to go by state regulations for coverage of certain mandated procedures/treatment in your state if they are self funded. | 
10-23-2009, 11:04 PM
| | Senior Member | | Join Date: Nov 2001 Location: Massachusetts
Posts: 24,806
| | | They still have to follow ERISA even if they're self funded. And whether they are or not self funded does not change the legality of requiring the testing. | 
10-28-2009, 10:18 PM
| | Member | | Join Date: Jul 2002
Posts: 321
| | | Soap box moment. I agree with poster about the objections to this. But, as posted, nothing to be done about it. Self-funded, fully insured, doesn't really matter. Fully insured the carrier asks the intrusive questions. Self-funded, the rei-insurer asks the intrusive questions. None are willing to take anything but a calculated risk. But, is that all that is wrong in the heathcare arena? Hardly. Look at the practices of the provider industry to find out why the insurers are unwilling to take risks. | 
11-13-2009, 05:58 PM
| | Member | | Join Date: Dec 2005
Posts: 189
| | | If they dont do this it results in everyones premiums going up and YOUR medical issues results in hardship for OTHERS just because they are unfortunate enough to be your co worker. We just had an incident at my work where a few people needed diaylsis and it resulted in HUGE rate increases right at a time when lay offs were happening and people could not afford to take that hit. It sucks for the people that need that treatment too, maybe thats why the big topic in washington is health care, unfortunatly washington is going to make it worse not better. I just hope I dont get sick even though im covered. | |
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