medical records

The Medical Information Bureau
 

In considering medical privacy, individuals should know that there is an organization composed of over 600 insurance companies that collects and shares medical information, called the Medical Information Bureau (MIB).

MIB maintains and shares records generally without a person’s knowledge. MIB data includes information submitted on life, health or disability insurance applications within the past seven years. This may entail information on physical examinations and disease history, such as diabetes, HIV-AIDS, or heart disease. Files can also contain information on a person’s risky hobbies such as sky diving, bungee jumping, motorcycle riding or scuba diving.

The purpose of the MIB is to share medical information. If a person was found uninsurable by one insurance company, MIB prevents a person from obtaining a policy by trying to get a more favorable physical exam. MIB also helps combat insurance fraud from persons who might try to collect on the same disease or injury from several different companies. By housing all the medical records of those insured, insurance companies are able to monitor any fraud so that they may determine risk assessments for the calculations of premiums.

Find out what is in your own MIB file: http://www.mib.com.

Uncertainty About How Gene Based Test Results will be used in the Future

Predictive genetic and genomic testing could be of great interest to health and life insurance companies. In the United States there are two health insurance programs in which those who qualify are provided with insurance by a single government payer. The two programs are the Medicare program for those age 65 and older and the Medicaid program for those whose income levels are deemed too low to be able to afford health insurance. If a person meets the age and income status, they qualify for these programs. Most other health insurance is provided by private sector companies who are free to set rules and qualifications for those whom it chooses to insure, with some regulation by state insurance commissions. Since these companies currently use rules about pre-existing conditions to either deny insurance coverage or to increase the rates to some individuals. Therefore, private insurance companies have a stake in gene based test results, as they are in the business of managing risk.

If patient records contain information on the risk of common ailments such as heart disease, diabetes, asthma, Parkinson’s disease, it seems unlikely that insurance companies will ignore the information. This information has the potential to reduce insurance companies’ financial risks either for health policies or for life insurance. To date, there has been little evidence that insurance companies are using gene-based information to determine policy eligibility. Two possible reasons for this are the relatively rare use of genetic testing by patients and the fact that individuals are not able to learn the basis of a typical insurance or employment decision.

Genetic Susceptibility and Employment

Is an employer required to protect an individual with a greater susceptibility to harm in the workplace? Employers must consider whether a high-risk individual to a disease should be hired or not because they could then be considered “disabled?” Mark Rothestein, a law professor at the University of Kentucky, Lexington, has proposed the “Bill of Rights of Examinees” as a solution. This states that medical testing should be voluntary in the workplace so that only employees would know the results and could decide whether to take the job or not. So far, 28 states have passed laws prohibiting genetic testing and genetic discrimination.

 

 

 

Case Study
 

A noted case regarding employment discrimination occurred in the Burlington Northern Santa Fe Railway Company. The company requested blood samples from employees without first obtaining their specific consent to test for susceptibility to carpal tunnel syndrome. Workers who refused to take the test were threatened with loss of their job. The US Equal Employment Opportunity Commission (EEOC) filed suit against the employer to stop further genetic testing and from using the information on those who had already taken the test in violation of the Americans with Disabililties Act (ADA). As a result, in 1998, the Task Force on Genetic Testing concluded that genetic testing by employers must meet certain standards before use. The tests must be approved by medical experts, validated for accuracy, and have clinical usefulness.

 
 
 
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