Can a corporation view health questionaires that are to be given to an insurance provider?

Question

It seems like that could cause problems. ie "This person has AIDS fire him immediately"

Answer 1

Under ERISA and HIPAA, employers are considered "covered entities" and must follow the HIPAA Privacy Rules. One of these rules is that any covered entity having access to protected health information (PHI) may only receive information on a "need to know" basis. For instance, employers may request a report from an insurer regarding claim statistics, including diagnoses, in order to substantiate rate increases; HOWEVER, this data may not contain "personally identifiable" information, that is, the employee's name coupled with the diagnosis.

Employers collecting health questionaires have no "need to know" the information disclosed by the applicants. Therefore, the PHI contained in the applications must be protected. To accomplish this, most insurers provide a sealable envelope to applicants, into which the application is placed. The envelope is then given to the employer, who sends the envelopes to the insurer unopened. If you weren't given an envelope to protect your privacy, you can certainly use your own. It should be marked with your name, employee ID number (if any) and the words "CONTAINS PROTECTED HEALTH INFORMATION." This puts your employer on notice that the envelope mustn't be opened.

I hope this helps. Let me know if I can provide further information.

Answer 2

Not legally. This is private health information and disclosure is covered by the Health Insurance Portability and Protection Act. The employer can only get this information if you sign a waiver and allow the disclosure.

Answer 3

I don't believe so. I'm working at a health insurance company right now, and I'm still new to this, but I believe those questionnaires are protected by HIPAA laws.

Answer 4

no, they can't.