Employers/medical history- UPDATE post 28

[Pakey]

I'm the CFO in a decent sized company. We shop insurance regularly here and we have not asked for our employees to fill out any medication information, even before HIIPA laws. We are able to get our claims history from our current provider but never do we know who the claims are for; just how much was paid out on medical claims in the past 12 months (we will get information that says $150,000 paid out on Claim A and the claim is ongoing, $80,000 paid out on Claim B and that claim is closed, etc). This 1 year history, plus the current enrollment population (obtained from a premium bill from current provider) and the ages of each employee enrolled (just the employees, not family members) is all we have ever had to provide to get a quote.

Our work comp carrier has never requested blanket medical information on our employees. We average one work comp claim a week here with a workforce of 1500. I would think that with this kind of history, if a carrier were going to ask employers, we would have been asked by now.

For new employees, they are given a list of the duties/physical demands required for the position and are asked if they are able to perform duties at that caliber. That's as far into medical history as we ever get. When they are eligible to enroll for our group health insurance, many things will be considered pre-existing if they try to file claims during first 6 months on the plan (unless they had continuous coverage from a prior plan). Therefore, even new employees are never asked to disclose to us medical information that should be kept private.

 

[ohiomom28]

My employer requires this every year too but its because its renewal time for Health Insurance. They need this information for new quotes.

 

[Chicago526]

I'm the CFO in a decent sized company. We shop insurance regularly here and we have not asked for our employees to fill out any medication information, even before HIIPA laws. We are able to get our claims history from our current provider but never do we know who the claims are for; just how much was paid out on medical claims in the past 12 months (we will get information that says $150,000 paid out on Claim A and the claim is ongoing, $80,000 paid out on Claim B and that claim is closed, etc). This 1 year history, plus the current enrollment population (obtained from a premium bill from current provider) and the ages of each employee enrolled (just the employees, not family members) is all we have ever had to provide to get a quote.

My company does it the exact same way. I'm sorry but there is no need to fill out these forms in order to have a new insurance company place a bid, they can get the claim information from the existing insurance company.

That said, call HR and find out what's going on. There may be a resonable way to handle this, like sending the info to the company that is requesting it.

 

[clutter]

I'm the CFO in a decent sized company. We shop insurance regularly here and we have not asked for our employees to fill out any medication information, even before HIIPA laws.

I was the CFO of a small group of companies. We stayed under a related parent's health insurance plan because we would have had to do medical underwriting for our staff unless we were over a certain number of enrollees. Some of my co-workers had mentioned in casual conversations some medical histories that would likely have raised our premium, we decided not to apply for the insurance. But had we done so, everyone would have had to fill out detailed medical histories of everyone in their family (even if they weren't going to be covered).

We were young companies, so we had no WC history to lower our rates there. Perhaps some insurance companies are obtaining medical underwriting as a means to reduce premiums for young companies.

OP, are you supposed to hand in to your company or to someone else?


ETA: You can't simply get the information from a prior insurance company. Health insurance companies want the information from you. If you show up with a recurrance of cancer and didn't disclose it on your underwriting, they can deny coverage. If the information came from a third party, not the insured, they would not be able to do that.

 

[janey99]

There is fantasy driven by righteousness and then there is real life.

I think I am going to get this tattooed on my arm!

Jane

 

[KLAIT]

In my state, small group coverage is handled differently than large group. I know we are a small group and we do need to fill out the medical form. We did not have to do it with Blue Cross, but we have shopped several other companies and have had to do it.

I would definately ask HR why they want the info sent to them...

 

[VickiVM]

Can someone familiar with HIPAA/ADA laws help me out? My employer is requiring all employees to fill out an extensive medical history form- outlining illnesses, prescription meds & why they are taken, etc. This is in no way a physical job, so the request is not job related. Is this even legal? The research I've done states that employers do not fall under HIPAA, but there must be a reason why the request is being made (i.e. job performance is poor and may be medical related). They (employers) state the form must be filled out for workers' comp benefits, but it seems to me like the form would be filled out only if an injury occurs.

I am paranoid, not that I have anything to hide!, about these forms getting in the wrong hands.

Is your name also required on this questionairre?

 

[hoon]

Ok, I'm back from work today and I brought the form home so I could share some info with you all. I appreciate the responses so far...

Before I begin, the research I've done indicates this form is in violation of ADA guidelines. I am presently employed by this company and have been for a number of years. We do not have an HR person that I know of, although we are a company with about 30 employees which falls under a company that employs probably thousands (trying to be discreet here!). My company's stance is that larger company is requiring this form, although coincidentally larger company's name does not appear ANYWHERE on this form.

Also, we are NOT shopping for a new insurance company that I know of- have had the same one for many of years. Employees who do not take the company's insurance are still required to fill out this form.

Ok, the first page lists about 30 medical problems for us to check if we have. If so, we need to provide the nature of illness & physician who treated. At the bottom of this page it gives the workers' comp law that says failure to answer truthfully could result in fines and imprisonment.

However, under that it states this form MUST BE USED IN ACCORDANCE WITH ADA GUIDELINES (which my very limited research found that a post employment medical inquiry can be done ony if a suspected medical condition is causing a recent poor work performance or if a workers' comp claim has been filed.)

2nd-4th pages- many questions, required to fill out in great detail- doctor's name, address, ph. number, and description of "yes" answers. The questions ask about past surgeries, injuries, list all medication you are taking, the reason why, have you ever seen a psychiatrist and why...

Now, this form will be turned into MY company- not the larger company. My company assures us it will be kept in a sealed envelope and never looked at- however, there is a spot where an employer needs to sign that they have reviewed the information I turn in!!!!!!!

 

[Stacerita]

And they are not obligated to hire you. Life isn't all that complicated when you think about it.

There is fantasy driven by righteousness and then there is real life. The sooner one understands that, the less painful life is and the easier it becomes.

Didn't realize law was considered fantasy.

 

[Binnie]

I am an HR Manager for a smallish company, and have worked for several companies of similar sizes for the last 10 years.

My guess is that, as others have suggested, your employer is shopping their insurance plans... It could be anything from your health insurance to non-medical coverages like short-term disability or life insurance. It could even be workers compensation.

Small groups are big risks for insurance companies because there isn't a huge amount of money generated from insurance premiums, and usually with smaller groups, they're obliged to offer a "book" or standard rate (with some complex equations built in on top of the base rate that are determined by actuaries), which means they can't base the premium off of experience (experience is how much the plan has to pay out during the year). Because of that, insurers want to know everything they can about a group--and the people in it--before they offer to insure it. And they have to get the information from EVERYONE who would be eligible, not just those who participate.

You absolutely SHOULD complete the form honestly. A falsification of the questionnaire could put your insurance coverage into jeopardy, and frankly, if I found out that an employee falsfied an insurance document, I would be obliged to terminate. That's extreme, but it's a reality.

The ADA requires that employers engage in an interactive process to find reasonable accommodations to employees who are unable to fulfill essential functions of their position. It places no prohibition on asking for health information. If they took that information and then fired you because of it, THAT could be a violation of the ADA, but asking for the information isn't.

It's also not a violation of HIPAA unless they share the health information inappropriately. If they post them in the lunchroom, that would likely be a HIPAA violation, but again, asking for the information isn't.

I understand that it feels yucky to have your employer ask for so much health information, but it's a necessary evil. I can tell you that I DREAD having to have these completed. I don't want that much information about my employees, and feel uncomfortable even having it.

 

[FinallyBoughtDVC]

I haven't read any of the responses posted, but wanted to offer my own experiences.

I own a small business and have had workers' comp and health insurance plans for my employees for many years. They have never, ever been required by any of our insurers to fill out anything.

First - the workers' comp plan - I simply get audited annually as to how many women and men worked each quarter. They don't ask age, height, weight, nothing - just whether or not they worked and what their names were. Same goes for the disability insurance I carry for my employees. Annual audit of number of employees, whether they're male/female - and names. That's it.

Second - for our health insurance coverage - I simply provided name, address and phone number for my employees - they filled out simple forms that were sent to the insurance company through me (I had to sign them) and that was it. There was absolutely no health history form. In all the years my dh worked for a larger company and carried the health insurance before we had our business carry it, he never, ever had to fill out any such form for any reason.

I don't think anyone, other than your doctor or those you CHOOSE, should have the information they're asking from you. As an employer, I just can't imagine any situation where I would need to have that information.

All of our insurance policies are very comprehensive and are run by well-known companies, so I would think they'd be the rule rather than the exception.

I would call the department of labor in your state - something simply does not sound right.

 

[Lisa loves Pooh]

Your update worries me.

Despite you being part of a larger entity, the small size of your actual company makes me concerned that if you made waves, it could be an issue that you wouldn't be able to resolve for years.

I might quietly and quickly consult a labor law attorney familiar with HR issues and run this by them. Maybe copy the form and block out company information. Find out your options.

And I would make sure that I had all my ducks in a row just in case you did need to make a stink.


There is no need for any employer to have a secret envelope of medical information for ALL employees "just in case" of whatever.

Something smells fishy. Very fishy.

I would be inclined to step up--but only if I was prepared for some uncomfortable short term consequences.

 

[DawnCt1]

I worked in Occ. Health for quite a few years. When I first started in the clinic, we would do a brief physical on new employees; history, vital signs, etc. With a couple of years that became "illegal". The only thing that new employees were given was a job description and the physical demands of that job . That was all they had to agree to. Could they do the job?
We did offer a physical as a benefit that was completely voluntary. The results of that was sealed within their medical file to which no one, elsewhere in the company had access to. Those files were double locked at night.

 

[Jestocost]

You absolutely SHOULD complete the form honestly. A falsification of the questionnaire could put your insurance coverage into jeopardy, and frankly, if I found out that an employee falsfied an insurance document, I would be obliged to terminate. That's extreme, but it's a reality.

I'm not at all prepared to offer a definitive opinion, although I share the OPs concerns about the information being requested. IMO, there are two options. If the OP elects to fill out the form, then by all means do as the quote above says and answer completely and honestly. The other option would be simply to not complete or return the form or to return the form with an indication that you declined to provide the requested information. The latter choices may result in the OP having to stand up for their rights, but that's a decision they have to make.

 

[maelstrom]

I would not by any means be disclosing my personal health issues and medications taken to my employer. No way, no how.

 

[DizBelle]

Perhaps the workers comp reason for filling out this form is so that a baseline can be established so that when a workers comp claim is filed, it can be determined if the condition existed before the incident or not.

Still, in that case, a third party should have the information and not the employer.

 

[ma2jr]

I'm guessing the employer offers medical benifits... that might be why.

 

[Disney Doll]

I don't think this is so much a HIPAA violation as perhaps a labor violation.

If you're dead set against doing it, make a notation on the form to that effect and return it and see what happens.

 

[OceanAnnie]

No one I know - including myself - has ever had to do this.. For some reason that I can't quite put my finger on, this rubs me the wrong way..

I guess I would call HR - find out exactly why they need this info - and then ask if you could mail it directly to whoever is requesting it (bypassing your employer)..

Maybe I'm being cynical, but I could definitely see this as a way of weeding out costly employees (due to medical issues and higher premiums) and in an "at will" state - such as NY - they could very easily let someone go "just because"..

I read the whole thread and the forms rub me the wrong way too. Do other people employed with you feel the same way? What has been the reaction?

Maybe I missed it OP, but who is supposed to receive this information? I read that there is no HR person that you know of.

I wouldn't hand over that information. I would be a hold out. I'd probably call an employment lawyer and find out my rights in that situation. If the business were to be in violation of the law, it would be nice to have the employment lawyer draft a letter outlining the code. But in the end, it seems you are in a damned if you do, damned if you don't situation.

Please keep us posted!

 

[tasha99]

I do the workman's comp paperwork where I work, and we never had to give any info about my health (I'm the only employee, so you'd think it would really matter). We even shopped around a bit, but no one asked for health info at all. Everything was based on the nature of the job and the number of previous claims. Maybe it's different other places, but saying it's for workman's comp insurance sounds really fishy to me.