POZ Community Forums
Main Forums => AIDS Activism => Topic started by: Corey Bryant on January 05, 2008, 04:47:42 pm
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Fron what I understood from the agent, Farmer's can not disclose any medical information. She gave me an example that she had a client turned down for life insurance. Farmer's would not discuss the findings at all with her doctor or even disclose the results to her over the phone - they had to be mailed to her.
However, when I was turned down, the company actually sent the letter and the reason to my doctor. I told this to the agent and she told me this was incorrect. I told her that Farmer's did this. And this was the reason it was taking me so long to get back with her - since the doctor had the letter.
Has this happened to anyone else and is there recourse for this?
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get a lawyer n sue em..
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I actually thought about that - and then put the money away to be used as my "life insurance policy". But finding an attorney who would consider taking on a company like that is a bit difficult. (Sorry about the delayed response, I missed the e-mail notif).
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I actually thought about that - and then put the money away to be used as my "life insurance policy". But finding an attorney who would consider taking on a company like that is a bit difficult. (Sorry about the delayed response, I missed the e-mail notif).
I am not sure who is naive, me or you, BUT ATTORNEYS LOVE A GOOD CLASS ACTION LAWSUIT. They only sue where there's deep pockets. The insurer should be punished for this. I am not sure if they violated Fed, State, or both kinds of statutes. I would pursue it as a kind of just cause, a hobby, you don't take too seriously.
8) -megasept
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I thought about that actually - heck that is about the only thing I have now, is time. I did call a couple of attorneys who said they understood HIPAA but no one really seemed interested.
I will admit it was irritating because I was not even seeing that doctor any longer and needed to make an appointment to see him to get the results. (His office staff poorly managed his appointments.)
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Fron what I understood from the agent, Farmer's can not disclose any medical information. She gave me an example that she had a client turned down for life insurance. Farmer's would not discuss the findings at all with her doctor or even disclose the results to her over the phone - they had to be mailed to her.
However, when I was turned down, the company actually sent the letter and the reason to my doctor. I told this to the agent and she told me this was incorrect. I told her that Farmer's did this. And this was the reason it was taking me so long to get back with her - since the doctor had the letter.
Has this happened to anyone else and is there recourse for this?
They violated HIPPA, which is a Fedeal Statute, which was merely the first thing that came to mind. I don't practive in the Health Law field or Right to Privacy issues, but I do think you have an issue. In fact you may also have a claim under American with Disibilities Act.
When did this happen, because generally the statute of limiations in civil cases is two years. If you live in a big city, see if they have Legal Aid Lawyers. In Georgia the Atlanta office is staffed with VERY bright over achivers. If not try the ACLU and the Lamda Defense Fund. Call the State bar in Colorado, which is probably in Denver. Tell them you'd like some names of attorneyss that handle Health and Discrimination cases.
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Sorry for the late response - I guess "life" has been happening.
I contacted a few attorneys - some of those that advertise on television etc. This happened probably around the early part of 2007 I would say.