Can my employer ask me this?

[lindaj]

Can my employer ask me detailed questions about my health, and require that I put my name on the form?

They claim the information is required so that they can get rate quotes for a new health insurance company. I've never heard of such a thing, and in the past, for any group health plan, I've only been asked age and gender.

I do not care to share my medical conditions or medications with my employer. Oddly, I'd probably mention any of it in passing conversation...but filling out a form with my name on it and listing everything seems...wrong, and likely illegal.

Someone please tell me that it really is illegal, and give me something to back it up.

Here is the list of questions.

Comments

[totient]

It's not illegal for them to ask, but it is illegal for the health insurance company's rates to depend on this information. So you have to question their motivation here.

What is legal is for the health insurance companies to use aggregate information of this type, not across your company but across the entire employed population, to set their rates based on age and gender. They may be requiring that your employer feed their statistical machine as part of the application process, in pursuit of this goal. Skeezy, but legal.

[drwex]

The form also specifically says that there are exclusions for pre-existing conditions. Thus, while they can't use it as a basis for setting rates, they can use it as a basis for denying coverage.

I think "skeezy" is definitely the right word here but unless a lawyer tells you differently, I think it's legal.

[lindalee.livejournal.com]

it is illegal for the health insurance company's rates to depend on this information

Can you back this up? I'm being told by HR that our company's rates will be set based on the information in these forms, and if anyone leaves anything out, they can deny coverage.

[totient]

from http://www.dol.gov/ebsa/faqs/faq_consumer_hipaa.html:

Can I lose coverage or be charged more for coverage if my health status changes?

Group health plans and health insurance issuers may not establish rules for eligibility (including continued eligibility) of any individual to enroll under the terms of the plan based on health status related factors. These factors include:

• Health status
  
• Medical condition (physical or mental)
  
• Claims experience
  
• Receipt of health care
  
• Medical history
  
• Genetic information
  
• Evidence of insurability
  
• Disability
  

Plans generally may not require an individual to pay a premium or contribution that is greater than that for a similarly situated individual based on a health status related factor.

Elsewhere on that page, DOL makes clear that preexisting conditions may not be excluded if are switching health insurance coverage, only if you are coming off a period of not having coverage at all, and clarifies that these rules are intended to cover people who may have had brief lapses in the course of changing jobs or whose lapses were due to waiting periods at their new employers.

[cjsmith.livejournal.com]

I filled out a somewhat-similar form for health insurance at my new job. My very very vague understanding is that there are a lot of laws about what employers can and cannot do, as soon as they grow to some number of employees or larger (25? 50?). We're tiny. They can probably chain me to my chair.

In other words, no data, just an anecdote...

[lindalee.livejournal.com]

But this was for a specific health insurance plan, right?

This is to be sent to a bunch of different potential providers. Why should someone with whom I have no business relationship get my name and personal info?

[cjsmith.livejournal.com]

Oo, good point; this was indeed for one specific health insurance plan. I hadn't understood that yours was to go to a broad distribution. Ick.

[oaktavia.livejournal.com]

I can't answer - I'd like to say its illegal (and why isn't it listed as 'optional'??) but citabria might be able to answer the legal end - and jeneralist might be able to answer the medical end...
fingers crossed!!!

(personally I wouldn't answer them legal or not - but YMMV)

[lindalee.livejournal.com]

I don't intend to answer them. I just want to know whether I can be fired over it, and have some info to back it up.

[skitten.livejournal.com]

I suggest asking a lawyer and seeing what they have to say...

Whoa nelly!

[elphaba-of-oz.livejournal.com]

How big is your company? I think it matters.

Do you have access to any kind of free legal services. I would ask a lawyer about this before filling it out.

Man, if I had to fill out a form like that to be hired at a job I would be SOOOOO screwed.

[zkzkz.livejournal.com]

Do the benefits you receive include any form of disability insurance?

[firespirit1.livejournal.com]

I have a feeling that they can ask the questions, but that said check with some one who knows the benefits/health insurance regulations for New Mexico. There are lawyers who specialize in such things and that's who you have to contact. I know that different states have different rules. So what is legal in NM, may not be in another state. I once had to take a very basic, physical exam, for a job. It was, blood pressure, listening to my heart, etc. but without it I wouldn't have gotten hired. That's legal in Mass.

Also, check with your states labor relations board.