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Letter from insurance company asking for release of private info? Is this legal?

post #1 of 6
8/3/09 at 1:59am
Thread Starter 
Perhaps some of the millions of lawyers on this site can help me out here.

A good friend of mine got a letter from his insurance company stating that he must sign a form authorizing the release of his medical records and waiving his rights to privacy according to federal law.

If he does not, they threaten dropping benefits for non-compliance.

He is retired and has terminal conditions, loss of benefits would be very bad.

Is this legal? It looks like a scheme to find something to drop coverage.

What's the proper way to respond?
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post #2 of 6
8/3/09 at 5:49am
Not to be a dick, but while there may be many lawyers on this site, it is best if you go seek the counsel of a real-life lawyer.
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post #3 of 6
8/3/09 at 6:29am
Quote:
Originally Posted by cheessus View Post
Not to be a dick, but while there may be many lawyers on this site, it is best if you go seek the counsel of a real-life lawyer.

why?

if we can have threads about banging fat girls, we can certainly have this.
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post #4 of 6
8/3/09 at 6:40am
Anyone who takes internet legal advice and acts on it deserves what he gets. Of course, he might sue...
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post #5 of 6
8/3/09 at 1:34pm
I am assuming that the insurance is health insurance and that the company asking for the release is his health insurance company. (Perhaps big assumptions from what little you wrote in your original post.) I believe the release is required for the insurance company to process claims from health care providers. Without the release, the insurance company cannot get information about the claims. Is there a reason your friend has a problem with the release?
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post #6 of 6
8/3/09 at 1:43pm
Under HIPPA, you do not have to release health related information unless you consent. If the insurance company is threatening him, I can only assume that the intent is use the information to deny a claim, adjust his rates, drop policy, or increase premium. Also, the insurance company must disclose the intended use in the document that is to be signed.

I am not a lawyer, but my wife is a doctor. And I studied Healthcare Informatics, and as part of the degree program we were required to take a few classes on HIPPA and the impact that information technology would impact the delivery of care.

Just sharing my limited knowldge of HIPPA, which is why the question is focused on.

heard546
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