Can my healthcare provider disclose my status to my employer?
Jul 18, 2001
Hi, I work for a small company, about 20 employees, and was told by my employer that our health plan is up for renewal soon. Being HIV positveand on meds I am concerned that my situation might make it difficult when negitiating our new contract. Can they use my status as a deterrent to renewing our policy or to raise premiums? What exactly can they reveal to my employer regarding my HIV status. I live in N.Y. by the way. Thanks. AP
Response from Mr. Berg
Generally, the health plan can only disclose medical information to an employer for the limited purpose of getting reimbursed for services rendered. Any information the employer learns about an employee in this manner must be kept confidential and cannot be used to discriminate against the employee. If the employer's health plan does not involve medical providers submitting claims directly to the employer, no information should be passed to the employer without an authorization signed by the employee. For specific laws enacted in NY, check out www.healthprivacy.org.
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