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 Posted: Fri Jan 02, 2009 5:46 am Post subject: |
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| I would not sign the form, it would make me very suspicious of the insurance, I would worry if it was going to fully cover what it had promised. I think that agents should give a feeling of confidence to the customer and this would surely make me feel a little untrustworthy of my agent if they had me sign a form like this. Just my perspective as someone who would potentially come to you for insurance. |
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goodnatured
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| Posted: Fri Jan 02, 2009 5:50 am Post subject: insurance |
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| I wouldn't sign anything like that, either. Thats' why the Insurance policy would be there..that's why you would buy it: to 'cover' you. |
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sdchargersfan
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| Posted: Fri Jan 02, 2009 12:48 pm Post subject: |
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Gentlemen and Gentlewomen let the thread WAR begin!
    
sdchargersfan, your are simply confused with the facts regarding HIPAA. You are also mixing in-force business with new business. They are not one and the same thing.
| Quote: | | I work with a 'client' now, who recently ( less than 7 months ago....) found out she is HIV+. BY LAW she doesn't have to tell A SOUL!!!!!!! |
True and False.
If she submits a new application for any type of significant death benefit for life insurance they will asked the following question:
| Quote: | | "Have you ever been tested positive for exposure to the HIV infection or been diagnosed as having ARC or AIDS caused by the HIV infection or other sickness or condition derived from such infection?" |
That is answered either YES or NO.
You go on to write:
| Quote: | | I deal with her Life Insurance AND her Medical Insurance policies/issues. When my 'client' find this info out ( that she is HIV+..) I called her agents who handle her policies ( Medical and Life) and told them she NOW has a "change in her Health." I ALSO told them, because of the HIPAA LAW I was NOT obligated to SAY what that "change" is. |
You are talking about IN-FORCE business now and there wasn't even any reason for you to contact the life insurance company or the medical insurance company. Once issued, as long as you didn't LIE on the application the policies can't be canceled or benefits denied because your health has change.
DO YOU SEE THE DIFFERENECE?
| Quote: | | I ALSO told them, because of the HIPAA LAW I was NOT obligated to SAY what that "change" is. They can do NOTHING about that......if they try, my 'client' will sue. |
True, but a little combative. The medical insurance company will find out anyway because they have to pay the claims.
Now let's talk about HIPAA.
If your friend changes group medical insurance companies subject to HIPAA SHE WILL have to disclose her medical pre-existing conditons to them, IF THEY ASK AT THE TIME OF ENROLLMENT, and they can EXCLUDE coverage for that pre-existing condition for 12 to 18 months depending on previous creditable coverage.
Please read the previous links on this thread.
 Okay, Let the thread WAR continue!!!!! 
Now,... SD,... please link us up to credible and verifiable information that supports your understanding of HIPPA.
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GarySpicuzza
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| Posted: Fri Jan 02, 2009 1:55 pm Post subject: |
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You are right. After a policy is in force, if their health changes, that is fine.
The client does not have to tell us anything if their health changes after buying the policy.
Only time they have to tell us anything is when they are applying for the coverage. They can not hold back the fact that they have hiv/aid or that they smoke or anything that the application ask.
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lifeagent911
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| Posted: Fri Jan 02, 2009 3:16 pm Post subject: insurance |
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| As I said, this is what's going on with the 'client'. Tests that my'client' has done, are given by a 'special' clinic ( assciated with the hospital here) and when te senda claim to the 'clients' Medcal Insurance, they state on the claim that "standard tests were done." They DO NOT discose what KIND of tests are being done...............I've seen copies of the different claims myself. Her Medical Insurance is OBLIGATED BY LAW to pay the claims. Actually, at this time, I'm at 'work' now. My 'client' s filling out some paperwork on her 'updated' condition. It DOES ask about HIV+/AIDS. She wrote on the paperwork she is "becase of HIPAA, she REFUSES to answer the question." She ALSO enclosed a COPY of the HIPAA Law to the place where she was mailing the paperwork. I deal with my 'clients' casework on a daily basis. AGAIN....................my 'client' is NOT obligated to tell about his/her condition. If what you are saying is true, THAT means that her caseworker AND the County, that my 'client' lives in has been lying to her and me all of this time. ...I REALLY doubt that is happening, in this case. I REALLY can't sa anything else about this case. You ( in general) are lucky I said this much. |
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sdchargersfan
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| Posted: Fri Jan 02, 2009 4:39 pm Post subject: insurance |
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| ...I DO want to add, if other 'clients' are not given the CORRECT information on how HIPAA can completely 'cover' them, then the 'client' will be misinformed, and THAT would be very sad. |
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sdchargersfan
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| Posted: Fri Jan 02, 2009 4:48 pm Post subject: insurance |
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| I just don't know why others have such a problem with THIS particular case. ...the case is pretty 'cut and dry.' |
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sdchargersfan
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| Posted: Fri Jan 02, 2009 7:47 pm Post subject: |
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I would think that they would have to disclose the information especially if it has to do with the health and that it would lead to claims.
Think about it, it would almost be as if you were shopping for car insurance and you did not have to disclose your driving record.
homeowners and you don't have to disclose that six of your past homes burned down and was suspicious.
I know that hippa is in place to protect the privacy of the patient, and it is on a need to know basis. But I would tend to think that if some one had a life threatening condition that they would have to disclose it when applying for health or life insurance. I am sure there are policy that would cover them but at a much higher price somewhere. |
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goodnatured
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| Posted: Fri Jan 02, 2009 10:45 pm Post subject: |
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sdchargersfan, in the spirit of argument and not to be argumentive.
This is my second request for information:
Please link us up to credible and verifiable information that supports your understanding of HIPPA.
Not what you think, what your friend thinks, what a county case worker thinks or what anyone else thinks.
I'm going to go out on limb and risk my *SAFE designation and state your understanding of HIPAA is incorrect.
Please find credible and verifiable information that supports your understanding of HIPPA and link us up.
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GarySpicuzza
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| Posted: Sat Jan 03, 2009 2:51 am Post subject: insurance |
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| My 'client' doesn't have to reveal anything about her Medical condition. I understand your point, GOODNATURED, however........that's just how it is. Because I am the 'client's Personal Care Aid, I, TOO, am not obligated to say a thing. |
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sdchargersfan
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| Posted: Sat Jan 03, 2009 4:28 am Post subject: |
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Wow, did the client sign the hippa allowing you to tell us, what you have already told us then? About the lawsuit and the hiv/aids and the other things.
So when you are back into a corner, and don't know what you are talking about then you are no longer obligated to answer the question or know what your talking about.
I'm glad you are not in the insurance business, that you don't have a lic, and that you don't know what the hippa laws really mean. Anyone on here can see that you are clueless. You also make things up as you go.
What is cut and dry as you say, is that you don't have a clue as to what you talking about with the hippa law and that the client does not have to disclose the fact that they have hiv/aid to the insurance company they are applying to. |
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lifeagent911
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| Posted: Sat Jan 03, 2009 4:31 am Post subject: |
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Did she have the insurance prior to finding out that she was sick, then that is different.
sdchargers, if you don't mind, what field do you work in? I know you do the military reserve component but had no clue that you worked in the insurance or human service field, just curious?? if you feel like letting us know, I am just curious?? |
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goodnatured
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| Posted: Sat Jan 03, 2009 4:41 am Post subject: |
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She has had no hippa training. She does not have an insurance lic. She likes coming onto the agent section of this forum and acting like she know what things like the hippa law really are.
Go back and read her other post on this thread. She thinks a client can lie to us about having aids/hiv and still apply for the insurance and if we don't take her, they will end up sueing us.
It started off as a friend of her, now is something else. Notice she said refused to sell him life insurance. So he was applying for the coverage and she thinks the hippa law allows him not to tell use the truth and he sued the company and won. I like to see the link to this lawsuit. IT would have made the news.
| Quote: | "A friend of mine has a 'pre-existing' Medical condition, that is 'covered' under the HIPAA Law. 'His' Insurance company refused to sell him Life Insurance if he did not sign a similar form ('not responsible for...). His Mother was POA. When my friend passed away, his mother sued the Insurance company and won."
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| Quote: | | "The HIPAA Law......my friend was HIV..AIDS. He din't have to divuldge any of that information to any sort of Insurance." |
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lifeagent911
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| Posted: Sat Jan 03, 2009 5:11 am Post subject: |
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I am in totally agree with you, I would not think that the insurance company has every right to know a full medical history and full present health, how the heck would they know to put the proper policy in place.
Like I am a smoker, does that mean I can say, I don't smoke, about the same deal right?
I know Hippa covers only medical information, I deal with the Veterans administration, they have three different hippa forms. I have to sign to get my own information, three different releases with hippa statements. One is directly related to communicable disease, one is for mental health and the third is for general conditions or other conditions. If you sign the wrong one, then you will not get any information.
I know that they will only release the information on a need to know basis, in the case of insurance, I would assume it would be all three. |
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goodnatured
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| Posted: Sat Jan 03, 2009 12:12 pm Post subject: |
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I don't think its at all a question of what we believe and what we don't..
An insurance carrier should at least know that much health info which holds good on the coverage benefits that you're applying for. You're definitely putting them at a risk of covering you under adverse circumstances.
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anonymous00
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