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Doctor's right to display HIV status to insurance
Feb 27, 2013

I lost my insurance coverage paid by my employer due to switch to another job, I wanted to continue coverage as individual, but I was denied for my doctor display my HIV status, did he have the right to do so?

Response from Mr. Chambers

Chances are you signed an Authorization to Release Medical Information when you got the insurance or filed your first claim. The insurance company requires that in order to process your claim.

Many states require such notices to specifically note approval to release records related to HIV and mental issues as well.

If you didn't sign such a release, you may have issues with the doctor. However, his noting it in your records wouldn't have kept you from insurance. What keeps you from getting health insurance is the health questionnaire you have to fill out when applying for it. It usually asks about HIV status. In those states that prohibit that on applications, they can still ask what medications you are taking and when did you last see the doctor and what for.

If you tried to getting the insurance without telling the truth on the health questionnaire, that creates a huge loophole the insurance company can use to rescind (void) the coverage all the way back to its effective date when they find the "misrepresentations" in the application, especially in the first two years of the policy.

Beginning January 1, 2014, you will be able to buy health insurance regardless of you medical history.

Jacques



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