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Medical Questionnaire (2)
Jun 11, 2001

In response to your answer, I needed further advice. It is my employer who gathers the information for the insurance company. I am in upper management, and have been in meeting where they go over answers employees have made on the questionnaire. Your earlier advice was to ask that I be able to send the information to the insurance company myself. What if they insist I give it to them?

Response from Ms. Franzoi

Please verify that your question had to do with filling out an application for insurance when your company is looking at changing insurance carriers. Assuming this is the case and based on the additional information you have provided, I am not sure what to tell you. I am suprised that the comapny wants to know this information. I would think that management would not want to know detailed information on an employee's health. This is risky for the employer. If an employee doesn't get the job assignment, promotion, etc. that he/she applies for, he/she could make an argument that the reason was based on his/her health questionnaire, regardless of whether this is the reason or not. I think the employer has additional liability whenever he has general knowledge of someone's health status. One approach you could take would be to discuss the liability the company carries by knowing this information. Suggest that the company have all employees send their questionnaires directly to the insurer. Another approach would be to advise the company that you consider your health record confidential and do not wish to unnecessarily disclose it. Tell them you will send your questionnaire directly to the insurers (or broker, if they ar using a broker to submit applications to several insurers for quotes).

not guilty as charged
When taking medical leave, is filing an F.M.L.A. mandatory?

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