Can a demand a second drug test?

Question

I was denied life insurance due to a false positive urine test. Initially my agent thought I could pay for a second test myself, but the underwriter refused. What can I do?

But my info in MIB will now contain a failed drug test and my premiums will be higher for any other underwriters.

Answer 1

Unfortunatly a insurance company is under no obligation to provide you coverage. Even if you were to have tested negative and had alife expectancy of 250 a life insurance company could turn you down. To be clear, denying someone coverage due to race, creed or nationality isnt the same as turning someone down for what they see as a legitimate reaso. Im sure that everyone whotests positive claims it was a "false positive". Unfortunatly because you are seeking something from them its your, not thier, obligation to prove or disprove the test.

Answer 2

My response assumes you are a USA resident.

This is not an unusual response from the Underwriter. Because of the sensitivity of drug tests done nowadays, most insurers view this as a "one strike and you're out" situation. Since the Underwriter refuses to accept another sample (which he or she is not obligated to do), there are only two alternatives:

1) have your agent contact the lab to see if any of the original sample was retained. If it was, ask that the tests be run again;

2) have your agent contact the Underwriter and ask whether or not a hair follicle (root) test, done at your expense, will be acceptable. This test can detect drug use months after most (not all) drugs have long been out of a user's body. I'll warn you, though, this is not a cheap test. And it hurts to have your hair pulled out!

The answerer who suggested you contact your attorney was trying to be helpful, but I assure you, this will not help and will only give you a big bill to pay. If the lab can demonstrate the "chain of custody" and labeled identifiers positively show this sample came from you, the insurer is legally justified to use it; further, it is obligated to report this finding to the MIB.

Although other insurers cannot decline coverage simply by referring to the MIB information (known as a "hit,"), they can and will fully investigate.

You didn't disclose what the test was positive for; there are some drugs that MAY (not will, as the public is fond of reporting) cause a false positive test. For example, heavy use of Ibuprofen or use of products containing hemp seed oil can cause a false positive for marijuana metabolites (THC); cough syrup containing codeine can give a false positive for morphine. It is an urban myth that poppy seeds give a false positive for opiates. The industry has developed tests to eradicate these false positives.

I hope this helps.

Answer 3

Have your Doctor order a second test. Once the results are in, (assuming negative), have your attorney write a letter to the insurance company, agent, and underwriter demanding that they not report a false positive test to any insurance company clearinghouse, under threat of leagal action.

Answer 4

Find another Insurance Company if you can. Or have them "shop another underwriter."

Answer 5

I have never heard of such a test for ins.