HIPPA Laws

[Ralph Saxer]

What is the name of your state?What is the name of your state? Ohio
My employer sent a questionaire around asking for our names, then for our medical information. They want to know the medications we take, any "ailments", past surgical procedures, medical procedures, prescriptions, etc. They will take this info and try and compare medical insurance coverages, because, in their words we wouldn't want to "bankrupt the city". They will compile the data and use it as they like. Isn't this a violation of the HIPPA laws? They want this "as soon as possible". Thank you for your help.

 

[Beth3]

Isn't this a violation of the HIPPA laws? No.

HIPAA regulations apply to information obtained THROUGH the health insurance carrier. It doesn't apply to information you give to your employer or health questionnaires required by an insurance company before they will provide a quote on coverage.

If this is a small group plan, it's quite common for medical questionnaires such as this to be obtained as very small empoyer groups are "individually rated" and there are specific underwriting requirements that have to be met. If this is a larger group, then I find the approach they're taking peculiar as almost all the necessary information would be obtained by the broker directly from the present insurance carrier via reports on claims history and diagnostic categories.

For reasons that have nothing to do with HIPAA, if these questionnaires really are necessary then the employer would be wise to tell the employees to put them in a sealed envelop that no one but their insurance agent or necessary members of your own benefits department (if this process is being handled internally) will see.