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Information regarding denial of Health Insurance

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Agator82

Guest
I live in Florida and I was recently denied health insurance based on information from a blood test. Now, I took two blood tests, they asked for the second one because the blood sugar was too high on the first, then they rejected me because of Cholesterol.

I have contacted the representative who is an independent agent and she stated that the company would not release the tests without a request from a physician. Do I have recourse to get this information from the insurance company, or am I simply stuck with what I got?

If I am stuck, are there any laws that would prevent me from going to an independent diagnostic lab and getting a blood work-up done on myself?

Thank you for your assistance.
 


lkc15507

Member
Agator82:

This question fits quite well with some of the posts in the med-mal forum regarding ownership of records / personal health information (PHI). The provider owns the records. An insurer may receive the PHI / records with 1) your consent and / or 2) in the course of normal business payment and operations (in this case determination of eligibility for coverage). However, the original record belongs to the health care provider and as such an insurer cannot in turn release those records to you. You can however obtain your records from the physician / provider who did the blood tests. This should be fairly easily done with a signed release to the provider, but, in light of new HIPAA regulations (poorly interpreted in my opinion), the provider may be more difficult. However, you are entitled to your PHI from the provider. Be prepared to pay a small fee for the provider to "handle" and copy the records for you.

To the second part of the question: Nothing prevents you from having lab work done anywhere. However, this would be at your expense and nothing I know of would require the potential insurer to even view that information. The insurer has the right to insure you or not based on their determination of risk. (I have assumed you are speaking of an individual plan based on your referencing an "agent". However, if by some chance you are applying through an employer group sponsored plan, this answer would need to be amended.)

Good luck,
lkc15507

PS--Just to clarify: The insurer can--in fact is obligated to--release to you the PHI (ie test results) on which they based their decision. They just cannot give you or copy to you the original "record".
 
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A

Agator82

Guest
That is a good point, and I had not considered contacting the lab directly, except I have on problem at this point I do not know what lab performed the blood work, and the insurance company is claiming that they own the records. So is it a matter of finding out what lab they sent it to and asking them to review their records, or do I simply call the insurer and ask then which lab provided the results?
 

lkc15507

Member
Agator82 said:
That is a good point, and I had not considered contacting the lab directly, except I have on problem at this point I do not know what lab performed the blood work, and the insurance company is claiming that they own the records. So is it a matter of finding out what lab they sent it to and asking them to review their records, or do I simply call the insurer and ask then which lab provided the results?
Agator82:

The health care provider that actually stuck the needle in your arm will know what lab performed the work. You know who that provider is. That provider must tell you what lab they sent the blood to. This pertains to your personal health information (PHI) to which you are entitled. You are the sole owner of your PHI. Now, splitting the hair--the medical record is the actual paper--the information on the paper is YOURS. You are entitled to a copy of the paper because the information on it is YOURS. This applies to the health care provider and the insurance company. The provider that stuck your arm for blood would likely have a copy of the result. Ask them for it. If not (for some reason they don't have it) ask them to tell you who the lab is. The name of the lab is not privileged information (even if it were, since it contains your PHI, you could have it) therefore, the provider can tell you where blood was sent for analysis. Contact the lab. Your test results are yours. You can have the information. Failing all of that, the potential insurer is obligated to at least allow you to view all records (theirs or anyone else's in their possession) on which they base their decision. (According to your post they have at least somewhat fulfilled this obligation by informing you which tests were out of norm.) however, your privileged health information cannot be kept from you. Only the "record", ie original paper. Yet, you are entitled to copies since you own the information in those records.

I realize my answer sounds very redundant, but split the hair. The "record" or piece of paper may belong to an entity (whether health care provider or insurer), but the information in it belongs to YOU.

Now, to reiterate, unfortunately, I think that you are fighting a losing battle. Regardless of how you obtain the results of your tests, the potential insurer has no obligation to insure you. In my opinion, at most, the actual results of the glucose and cholesterol tests would inform you what types of measures you may need to take (at your own expense) to correct those abnormal results. Even then, with a documented history of the offending problem, you will find it difficult to obtain insurance because of that medical history.

Ugly answer. I know it and I hate it for you. Unless you can apply through an employer sponsored group health plan (even that would be a problem for a time), I suspect you may have trouble obtaining health insurance, especially at an affordable rate. Perhaps you should check your state's Medicaid provisions if you have a serious healthcare need. Fighting a potential insurer on the basis of evidence of insurability is damn near impossible.

Ok, editing my post. Attempting to directly answer your questions, you can potentially obtain the answers you want by pressing the provider (who physically drew blood), the potential insurer, or the lab performing the blood work analysis. If you want the answers, you should be able to have them. (But, new HIPAA regulations effective April 14, 2003 have many providers and insurers in a tizzy aabout what info to give out.) More information could be learned by reading HIPAA regulations. Good info is available at the Dept. of Labor (look for links to privacy regs) and even Medicare web sites. I caution--HIPAA is a massive topic and difficult to interpret.

I wish the best for you,
lkc15507
 
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