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Insurance Forms Disclosing Status
Dec 11, 2001

I have two related concerns. My employer, with 30 employees, is switching health plans. The "Enrollment Application" asks 2 questions. One which asks if I've ever tested positive for HIV. Yes or no. Can group health insurance companies require me to answer this question? And, this form is 4 part, giving copies to the Insurance Enrollment Dept., My Employer, Insurance Marketing Dept. and me. This puts a copy in the hands of my employer! Is this also legal?

Response from Ms. Franzoi

Although you should answer the questionnaire honestly because failure to do so could result in loss of coverage retroactively, I question the right of your employer to know this information. In fact, with the new Privacy Regulations, I would think that an employer would not want to know this. My suggestion is to respond to the questionnaire and send it directly to the insurance company with a cover letter stating that you are sending the form (all 4 parts)directly back to them and copy your employer without enclosures.

Positive-well, Ill-unemployed, protease-well-employed, ill
Layed Off while on Disability. Can They do this?

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