|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.
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