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Does my employer have the right to view my private medical history & use it to get benefit quotes from a new insurance company?

Bethesda, MD |

My employer is getting quotes from a new insurance co. to get better rates. She's asked all employees to fill out an Employee Enrollment form from the prospective ins. co., (which is a VERY detailed medical history of myself & family). She says the rates depend on employees filling out this form. I understand if an ins. co. wants to see if they are about to insure a bunch of unhealthy people, however, the employer is asking us to return these forms with our personal medical information directly to HER. Is this legal? I guess w/ our consent it might be, but I personally don't think it's any business of our employer to view our private health info. If we send it ourselves, directly to the prospective new insurance company, can that company release the information back to our employer?

Attorney Answers 1


  1. You take the risk of having your employer review the information if you hand it directly to the company. You should ask your employer if you can send the information directly to the insurance company. At the same time, call the insurance company to determine what its policy is regarding releasing the information. Maryland statutes and HIPPA may provide you with recourse if your medical information is disclosed in violation of the law.