• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Health Survey determines your benefits - legal?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

txdogmom

Member
What is the name of your state? TX

My company is requiring all employees to take a 'health survey'. The survey is billed as 'voluntary' but if you don't take it, your rates go up 30%; if you do take it, they go up 10%.

The survey is asking questions that I consider being extremely personal. They ask your BMI, cholesterol, blood pressure, weight, what chronic conditions you have, do you ever feel unhappy, do you belong to a religious organization, do you do volunteer work, do you work a second job, etc. They also ask what issues do you talk to your doctor about, do you ever try to treat yourself at home, etc. Based on the answers, they (an outside third party hired by the company) will come back with a directed health 'course of action' plan for you to follow. It is "highly recommended" that you follow the 'course of action' plan you receive. No word yet on what happens if you don't.

People with chronic conditions (diabetics, high blood pressure, etc.) may be facing higher premiums. I was recently diagnosed with a low thyroid. It is a chronic condition and it is hereditary. While some type of diabetes and to a degree, high blood pressure, can be avoided with the 'right lifestyle', a low thyroid can't. You either get it or you don't. It's all in the genes. To be penalized for something you cannot avoid really sucks.

My legal question is this: does the HIPPA (sp?) laws (or any other laws) offer any degree of privacy that I can use to stop the company from becoming my doctor? For them to "recommend" a course of action on my health seem the height of big brother-ness. I am also concerned as to why what I do outside of work (say at my church) is any business of my company. Is it legal for them to require you to tell all about your after work activities?
 


Beth3

Senior Member
Your employer is instituting a "life style health assessment" for all employees which is perfectly legal. Responses will be evaluated by an outside entity they have retained who is qualified to assess the answers and provide individual feedback to employees about health risks. All that is perfectly legal and it is very appropriate for your employer to use a third party to handle all this. If your employer is smart (and it sounds like they are), none of the responses to the questionnaires will be seen by anyone at work.

My legal question is this: does the HIPPA (sp?) laws (or any other laws) offer any degree of privacy that I can use to stop the company from becoming my doctor? No. Nor is your employer trying to become your doctor. They're trying to determine how to make the overall workforce healthier which is a benefit both to the company and the employees.

For them to "recommend" a course of action on my health seem the height of big brother-ness. I can see how you feel that way but (a) you aren't compelled to follow any recommendations the outside vendor makes, and (b) your employer is undoubtedly paying the bulk of your group health insurance premiums which are no doubt escallating considerably every year. The cost to many employers has become so staggering that "wellness interventions" are becoming an urgent issue. Option B is for the premiums to continue to increase until they reach the point where your employer can no longer afford to underwrite the cost.

Is it legal for them to require you to tell all about your after work activities? Yes.
 

txdogmom

Member
How can I be sure that no one at my company gets access to the data I am being forced to give on the survey? Am I just supposed to take their word for it? (They don't take my word for it that I won't disclose intellectual data; I have to sign a non-disclosure agreement.)

Can the information on this survey be used by any other company (i.e. a future employer) or insurance company (example: I decided to look for health insurance or a life insurance policy outside of the company.)? Is there any way I can be sure that the data given in this survey is not used by anyone else?
 

Beth3

Senior Member
How can I be sure that no one at my company gets access to the data I am being forced to give on the survey? You can't.

Am I just supposed to take their word for it? Yes.

Can the information on this survey be used by any other company (i.e. a future employer) or insurance company (example: I decided to look for health insurance or a life insurance policy outside of the company.)? No - not unless you sign a release.

Is there any way I can be sure that the data given in this survey is not used by anyone else? No.

Look - either you trust your employer or you don't. It's just that simple. If thus far management and HR have proven to be people of integrity, then you can believe what they are saying. What I can also tell you though is that while it would not be illegal for HR or members of your own management to see those health questionnaires, it would be an incredibly stupid thing for them to do because it exposes them to a plethora of future legal liability depending on situations that could crop up with employees re: ADA, FMLA, etc. The fact that your employer has retained an outside vendor to handle this gives every indication they "get it" and that that information will not be viewed by the company and will be appropriately safeguarded by the vendor.
 

Beth3

Senior Member
By the way - in the scheme of "lifestyle ailments" this outside vendor will be looking for and attempting to counsel individuals on, a low thyroid isn't even on the radar.

They're looking for individuals with elevated BP, high cholesterol, diabetes, etc. that are indicators of future serious health problems - strokes, heart attacks, etc. Those are medical conditions where future health risks can often be significantly reduced with lifestyle changes - exercise, weight loss, change of eating habits, etc. THAT's the kind of thing they're looking for - situations where serious diseases can be prevented and risks reduced - not low thyroids. All you need to do is take your medication.
 

txdogmom

Member
Thanks for your responses. It was as I feared - we are screwed.

By the way, low thyroid does elevate BP and your cholesterol. It can take up to a year to get the dosage right (and I was only diagnosed recently). My concern is that I will be labeled a 'high risk' and my rates will go up as a result. (that is what they are talking about doing!)

As for integrity, the company I work for has a former CEO with a very expensive shower curtain. You be the judge.
 

Beth3

Senior Member
I would suspect that the "high risk" group they may be considering for premium purposes has to do with LIFESTYLE issues. For example, it's not uncommon for tobacco users to make a larger contribution towards their group health premiums than non-tobacco users. Your employer may decide to offer a premium discount for those who elect to participate in some sort of healthy lifestyles program. Again, more and more employers are doing that.

Personally, I think you're significantly jumping to the wrong conclusions. It's not whatever medical diagnosis someone has that will be at issue but rather their participation in some wellness initiative sponsored by your employer.

Anyway, your only option is to wait and see who's right - you or me. Or you can go quit and work someplace else and hope they don't also "get religion" about their insurance premiums and start down the same wellness/cost containment path.
 
One Other Option

I agree completely with everything Beth has said. You also have two more options...don't take your employer's insurance at all and don't answer the questions; or take the insurance, don't answer the questions, and pay the higher premium.

Of course, I guess you have choice #3, which is to go to an outside insurance company and get insurance - you'll find that much more costly than your employer's plan, but you won't have to worry about your employer learning something about you you are not comfortable having them know. But...um...that insurance company selling you that policy - they're going to ask A LOT more questions. They may even require you to see a doctor.

Only you can decide the battle you want to fight and the price you want to pay for fighting it.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top