|STD Insurance ability to release records to employer
Mar 21, 2013
My employer has a short term disability plan through a 3rd party administrator. They want an authorization to release medical records signed. The release states the insurer is allowed to disclose the information to my employer. It states: "I understand that applicable law permits (insurer) to re-disclose (without my further authorization) any and all of my ... medical or health information ... to ... my employer and their representatives ..." What law are they referring to and where can I find it? Thanks
Response from Mr. Chambers
I am not aware of any federal law that permits this without a medical release. In fact, under HIPAA, I can't imagine it to be even possible. You certainly should question that statement before signing the release. Ask the insurance company to cite the specific law.
I would recommend you line out and initial that portion of the release and above your signature add: "I specifically prohibit the release of any of my medical information including diagnosis, treatment, or medications to my employer without my express, specific, and written consent."
Not being an attorney, I cannot promise it will work, but it usually does. Believe me, if the insurance company doesn't like your revisions, they will contact you.
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