(Note that I’m not asking for advice on how to handle the situation…just the legality of it happening.)
My company switched insurance providers last month.
Our HR team sent an e-mail today informing us that ur new providerhas agreed to give the employees credit for money spent towards our deductible from the old plan.
To claim the credit, we need to download a Health Statement from the old provider and send it to HR. HR will then contact the new company with appropriate information.
I’m concerned, because this form not only shows the deductible status, but also lists doctors I’ve visited, along with dates, treatment codes, and costs. I’ve expressed this concern to HR, and they are contacting the new provider to see if we can do this without providing that information to my company.
My question - is it legal for my employer to ask for this information? There is a financial benefit to me if I provide it.
I don’t know if it’s legal (protected heath information or PHI is the term you’re going to need here), but when I went through it, the insurance companies worked it out. The new one contacted the old one, told them how much each employee had spent towards the deductible that year and that’s where we started.
It’s possible our broker (our insurance agent for both insurance companies) handled part of it, but as far as I recall, the employees didn’t have to do anything at all.
It is legal but the information will be covered under HEPPA laws. It is confidential information. Basically the employer should just forward the information onto the new insurance company without looking at it.
A better way to handle it would have been for the employer request that employees contact the old insurance company and request they send the information on to the new company.
Most discussions I see about HIPAA describe how medical staff are bound to protect information. This situation is calling for me to provide information - I’m always permitted to provide it if I want.
Does HIPAA cover what the employer is allowed to ask (medically speaking), or is that a different set of laws?
Just quickly looking, ISTM that an employer is legally allowed to ask you to provide them with health information in order for them to set you up with health insurance.
