Illegaly Obtained Data For MIB?

[uninsured81]

What is the name of your state? Georgia
I reported a vist to ER for chest pains in my life insurance app (it was nothing at all and I was released). The underwriters of course investigated. I was offered a ridiculously high premium because they said I tested positive for marijuana. This is now of course in my MIB file. Several things bother me here: 1) though the consent form at the ER stated that I consented to disclosing all information, it also says all diagnostic and treatment procedures would be explained to me. They never told me they were even doing a urine drug screen during the ER visit., 2) The ER never told me that I tested positive either during or after the ER visit, and 3) after hearing that I was facing challenges in my rating from my agent, I went back to that hospital and requested all records pertaining to my case. I received them, but again...no indication of the positive screening. After prodding the underwriters, I finally received the dreaded letter along with the same medical records that DID include a lab report with the positive screening.

Had I known any of this, I would have handled the ER visit, the consent for disclosure, and the life insurance application differently. My questions is: do I have any recourse in getting that information stricken from their medical records (assuming it was not properly obtained) and subsequently from both this underwriter and the MIB? I'd just assume start fresh with a new insurace provider. (BTW, I tested negative in their med exam and can do it for any new exams...for whatever that's worth). How would I go about unraveling this mess? I invested in an irrevocable life insurance trust for this, too! Please help or redirect me to the right forum. Thanks.

 

[Dandy Don]

Have you considered discussing this with the customer service or whatever department at www.mib.com? I would think that they would be somewhat similar to a credit bureau in that you could provide an explanatory statement in your file if you wish to challenge whatever else is being said about you.

DANDY DON IN OKLAHOMA ([email protected])

 

[uninsured81]

Yes, but I was considering that as a last resort. I would rather trace this all the way back to the source, and then have it removed altogether. Thanks for your reply!

 

[somarco]

Unless you are applying for a small amount of life insurance, or applying under simplified issue rules, most carriers will request a specimen and test for (among other things) drugs.

The hospital ran the test to determine what may have been in your system to produce the symptoms that brought you to the hospital. Testing for drugs is just one of those tests.

If you did have THC in your urine, seems to me you have no recourse. Keep in mind that THC can show up in urine for a week or longer in a moderate user; up to 6 weeks in a heavy user.

But if the tests were completely false, you may have recourse against the hospital for making a false report.

A high premium (no pun intended) for someone who uses drugs is better than a decline . . . which some carriers will do.

 

[uninsured81]

Hmm...yes, all of your feedback meakes sense. And I had no issues with the insurance underwriters' blood/urine tests. My issue is really with the hospital...not being informed of the test (of which their consent for said they would)...not being told of the results of the test (for which then I could dispute and/or re-test), and finally being withheld that information upon patient's request.

I felt like an idiot aplying for $1.5M in term life and cheerfully offering up that medical case. They must have finally caught their breath in laughter and said, "we'll cut the guy a break for his MIB and at least offer him a policy at 8 or 9 grand a year..."

Does anyone know if I have reason to go after the hospital for this? And if I do, does that just get a drug test issue even MORE out there accessible to the public? Is this worth fighting for?

Like a credit report, I just hate that I have this blemish on my "health credit report". I don't know if future employers look up the MIB, insurers other than life or health...or what!

But thank you for replying and offering up sage advice so far!

 

[somarco]

The underlying question has not been answered. Is there any reason to believe the test results were valid?

If not, you may have a case.

Otherwise, you will end up spending a lot of time and money fighting something that will not make a difference in the final analysis.

 

[moburkes]

Positive for marijuana

You didn't specifically say that the hospital gave those test results to the insurance company. You did say that the insurance company did their own blood/urine tests. How do you know that they didn't find this info from the tests they performed, which you did consent to? Thanks!

 

[somarco]

The OP states

BTW, I tested negative in their med exam and CAN do it for any new exams


For what it's worth, the OP has yet to indicate if there were any reason to believe the ER tests were valid or not. This, in addition to the information in the statement above, SEEMS to indicate the insurance exam, and future tests COULD be manipulated.

Not saying that is the case, just wondering . . .

 

[uninsured81]

Yes, I see where you are headed with that assumption. Perhaps the test was valid. I'm not trying to be difficult, but does validity (of the ER exam) really matter in this case if you were never informed and therefore did not have the chance to dispute the findings?

And the crux of my question is the thread name (helps if I spell "illegally" correctly, though!).

And I understand your inference and ability to fool urine drug screens, but my original statement meant I did/could pass fair-and-square. BTW, I did just receive upon request today my test results from the actual insurance exam (just curious on the blood work and to confirm the urine test)...all was fine.

And I'm being tested tomorrow by another provider who is said to be more lenient on my issue. I expect no issues.

But I sure wish I knew then (last year to the day) what I only found out recently! ....arrrgh!

Thanks again, gang for your responses.

 

[Betty]

Just a comment: You say above "perhaps the test was valid" but you never had chance to dispute the findings because you never were informed of the test. If the test was valid & also did test positive for a drug in urine sample -how/why could/would you dispute the FINDINGS? If the hosp. informed you of the test or not, it doesn't change the validity & findings & I'm sure you knew you were giving a urine sample when you gave it.
If you feel the test was not valid and/or positive for drugs - I assume you may have recourse against the hospital. (When a urine sample is taken, it is normally tested for several things (ie white blood cells, albumin. . .) - all the tests are normally not told to the patient prior to the sample being taken.)