Legal Question in Constitutional Law in Ohio

Do I have to supply a potential Insurer all of my personal and medical informati

My employer requires a medical form to be filled out annually for a

medical insurance quotation.

They have suggested that if I wish to continue coverage with them that I

fill out the form or, if we switch to a new carrier, that I get my own

personal insurance independent from the company offered insurance.

I have explained that I am not comfortable giving my personal

information out on an annual basis to businesses in which I may not be

doing business with.

Additionally, the potential insurer that is to quote our insurance is a new

client of our business.

I feel my ability to maintain a respectable position has been

compromised by this policy. I understand that my employer can choose

to dismiss me under any or under no particular reason here in Ohio. Am

I at serious risk of losing my job for requesting that my employer to get

a clarification from the potential insurer?

I feel I have no privacy protection and the ability to maintain my

employment.

Thank you,

Chuck Ames


Asked on 9/08/04, 5:05 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Do I have to supply a potential Insurer all of my personal and medical infor

You are asking several questions at once here, and haven't provided enough information for me to understand your situation fully. Also, I don't practice law in Ohio. With that caveat, I can try to answer.

Generally, any new Insurer is entitled to have you fill out an application before providing coverage. However, if Health Insurance is one of the benefits of your employment, it should not make a difference. Your employer is going to have to pay for it one way or another.

The situation you describe in which the insurer is about to become a client is unusal; any medical information submitted to them in an application would be for underwriting purposes, and to make sure they know of any pre-existing health problems.

It should be private information at the insurer and not available to employees other then those dealing with underwiting and new premiums. If you feel at risk of losing your job, it sounds

almost as if your employer is using the annual

health form not only to quote new policies, but for potentially discriminatory practices.

If Health Insurance is not one of the benefits of your employment, then explain the situation to your employer. I do not understand what you mean by a clarification from the Insurer. If you wish, e-mail additional info to me.

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Answered on 9/08/04, 7:23 pm


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