Medical insurance/Hippa violation?

[r501wp55]

INDIANA


My employer/a governmental entity recently decided to change medical insurance providers for its employees. In the process, we were provided an application with an abundant number of medical history questions, Illnesses, Physicians names: diagnoses, surgeries….etc. We were denied any information on the prospective carrier or any meeting with the agent for questions. The employees are directed to give this information to an untrustworthy/elected official for delivery to the insurance agent.

1) Requested the name of the insurance companies information numerous times but was denied

2 ) Requested to speak with an agent numerous times but was denied

3)I was not provided any alternative medical insurance coverage

Of course, I refused base on privacy and they canceled my medical insurance.

Question being,

Due to the Hippa privacy act did they violate my rights by placing me under duress demanding my personal medical information BY cancelation?

 

[cbg]

No. That's not even remotely close to what the HIPAA laws say.

 

[momm2500]

first if your company offered medical insurance, there is no need for the new insurance carrier to ask for this information. a proper insurance company/agent would be able to obtain the experience rating (which is used to determine premiums). is this a self-funded or insured policy? you need to go back to the employer and ask why this information is needed? if you have had continous coverage, there is no need to have this information.

 

[cbg]

Depending on the size of the company, experience ratings may not be available. Few if any insurance carriers will provide them for what they consider small companies. And what is considered small for this purpose is not what is considered small for other purposes. I was told that when I reached 150 employees, BCBS would make an exception for me and provide experience info even though they didn't usually provide it for companies "that small".

Regardless, asking for this information does not violate HIPAA. Asking for information never violates HIPAA. HIPAA is violated when a doctor, hospital, medical billing office or other specifically named entity releases information without authorization.

 

[Ozark_Sophist]

No. That's not even remotely close to what the HIPAA laws say.

Wrong.

HIPAA laws begin with

An Act
To amend the Internal Revenue Code of 1986 to improve portability and continuity of health insurance coverage in the group and individual markets, to combat waste, fraud, and abuse in health insurance and health care delivery, to promote the use of medical savings accounts, to improve access to long-term care services and coverage, to simplify the administration of health insurance, and for other purposes.

OP should be asking about portability, not privacy.

 

[Zigner]

Wrong.

What was wrong with CBG's statement?

 

[Ozark_Sophist]

What was wrong with CBG's statement?

HIPAA is much more than just a privacy act. So, CBG is right about OP's question if one looks at that.

OP should be asking if HIPAA permits an employer from collecting health information from each employee when switching health care providers (portability), and if OP can be dropped from health insurance during the switch.

 

[Silverplum]

I think everybody might've missed that OP works for "a governmental entity." Federal, State, or local, I don't know. That might matter.

 

[cbg]

OP should be asking if HIPAA permits an employer from collecting health information from each employee when switching health care providers (portability),

It does.

and if OP can be dropped from health insurance during the switch.

She cannnot.