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Question: Can a travel insurance company get your medical records (history)from your doctor without your consent?

(Posted by: thomasreilly2001 on 2008-02-21 03:36:38)

I had to cancel a holiday, and a insurance claim form was sent to me which in turn had to be given to my doctor to verify the diagnosis for not travelling so that i could claim back through the insurance, the insurance company seem to have now twisted and minipulated the original diagnosis from the doctor so as not to pay out.can my doctor give the insurance company my details without my consent? So basically what a travel insurance company or any for that matter want you to do is!! call your doctor and ask for your lifes medical history from since you were born and attach it to your insurance application!!

Posted by: I'm Daffy on 2008-02-21, 03:40:25

Personal information, including medical records cannot be released without your consent. I smell a rat and would contact an attorney if you suspect that has happened.

Posted by: scarrlett on 2008-02-21, 03:39:36

No. they need your permission.

Posted by: Julimk on 2008-02-21, 03:43:50

Your doctor cannot release any information without your consent. However, did you keep a copy of the claim form? It may be the case that when you signed the claim form you also signed a consent for your doctor to release information as this is commonly included in the declaration on insurance claim forms for health issues.

Posted by: dawnstar on 2008-02-21, 03:49:01

When you signed papers in the agreement with the insurance company i bet you didn't read the fine print? insurance papers are hard to read. and you can sue the insurance company for the agent not telling you all that you needed to know even without you reading the paper work. the court takes sides with the clients almost always because of the special terms insurance companies put in their papers making it almost impossible to understand for the client. having said that, signing the agreement with the insurance company in which you already have because the insurance plan has taken affect after the first premium is paid, the insurance company has the right to obtain any medical records in your name. regardless of your consent. they cannot just take your word for it, insurance companies demand proof of a claim in every loss occurance. in more serious situations to prove my point, when you get death insurance on a vehicle, so that when you die, the loan is automatically paid off, the insurance provider has the right to get an autopsy of your body to make sure that your conditions were true when you represented your current health conditions with them when you signed the insurance papers. in easier terms, lets say you told the insurance company you didn't smoke so that you would be considered less of a risk and therefore pay a lower premium, well they perform the autopsy after your death, and found that you did indeed smoke at the time you signed, then you would get absolutely nothing from that insurance claim. nada zip. because you concealed information about yourself and that terminates the policy. so if they have the right to cut you open without your permission because you are dead, then they have the right to obtain medical records without your permission also. because insurance companies are entitled to proof of a claim of loss. yes i am studying to be an insurance agent. so all of this is true. if you decide to take them to court, the insurance company will try to settle out of court. that is the last thing insurance companies like and will do anything to get out of it. hope this helps.

Posted by: Lawnboy & Luna on 2008-02-21, 07:27:54

If you signed a medical release form you gave consent. Most medical release forms allow the requester to secure ALL medical records including prior treatment, injuries etc. Sounds like the insurance company is looking into pre-existing conditions that may have caused you to cancel your vacation.

Posted by: Mike G on 2008-02-21, 07:47:23

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Posted by: Heidi W on 2008-02-22, 13:14:17

When you fill in a claim form for any insurance claim dealing with a health or medical issue, it always states in the small print that by signing and submitting a claim, you allow them to contact your medical practitioner to verify the circumstances of your claim. I had this question posed to me by a customer at the finance company I worked for. She tried to claim so her loan repayments would be covered, and the insurance company were able to obtain her full medical history from year dot, because she signed the claim form, which has it in small print.