HIPPA violation?

[hpkeeper]

My girlfriend's company is going through some apparent insurance coverage changes...

The company is currently threatening the employees with disincentives, for example, if she doesn't pee in some cup today to determine allegedly if she smokes (weed? cigarettes? I dunno), she will be forced to take an extra $30 out of each paycheck to cover for a portion of her insurance that the company refuses to cover. If she does actually smoke, she'll have to cover that cost anyway.

My question is... what business is it of the company if she smokes or not?

I can understand if she's being hired and they don't want some pothead operating heavy machinery or whatever the case may be... but this isn't the first time that insurance changes have come about and they've 'needed' to put her (and other employees) through testing.

The real kicker is, is that if she isn't a smoker, she doesn't get anything in return, it doesn't save her any money in her insurance cost on each check.

I don't know what I have a larger issue with, the company knowing her medical history... or in the process of saving a buck for the company, she doesn't get to save a buck as well.

Is this a HIPPA violation?

Edit: for clarity: she's not a pothead, she doesn't smoke, and just recently I just remembered that she has to submit her blood pressure numbers as well as cholesterol numbers. Again... under threat that she'd have to pay "X" number of dollars toward her premium per month if she didn't. Again... without promise of savings if the numbers worked to her favor.

 

[Gooberlx2]

Is this a HIPPA violation?

nope.

what business is it of the company if she smokes or not?

liabilities and rates.

 

[rcpratt]

I think pretty much every company does this, although mine does non-smoker incentives instead of smoker penalties.

They don't test, though. Although I guess your doctor has to sign off when you have to do your yearly physical, so he'd probably know.

 

[Genx87]

Why would you think this is a violation of HIPPA?

Sounds like the company is taking an aggressive approach to the smoking clause in their insurance. We have the same thing. You declare you dont smoke, you get 30\month off your insurance costs. But we dont really verify it. It is an honor system.

 

[Gooberlx2]

although mine does non-smoker incentives instead of smoker penalties.

Same thing isn't it?
"Non-smokers have $30 less expensive premium" vs "Smokers have $30 more expensive premium". Or do you get other incentives aside from just premium cost?

 

[TwiceOver]

If your girlfriend wasn't a pothead she wouldn't have to worry about this.

 

[rcpratt]

Same thing isn't it?
"Non-smokers have $30 less expensive premium" vs "Smokers have $30 more expensive premium". Or do you get other incentives aside from just premium cost?

Yeah, it's the same thing. Just a $400/year credit if you don't smoke. Incentives seem like they would probably be psychologically less frustrating for those that can't take advantage of them, though.

edit: fixed

 

[guyver01]

Is this a HIPPA violation?

you dont understand what HIPPA is.

The Health Insurance Portability and Accountability Act of 1996 (HIPAA; Pub.L. 104-191, 110 Stat. 1936, enacted August 21, 1996)

　​

Who must follow this law?

[FONT=HelveticaNeueLT Std Cn,HelveticaNeueLT Std Cn][FONT=HelveticaNeueLT Std Cn,HelveticaNeueLT Std Cn]Most doctors, nurses, pharmacies, hospitals, clinics, nursing homes, and many other health care providers, Health insurance companies, HMOs, most employer group health plans, Certain government programs that pay for health care, such as Medicare and Medicaid
[/FONT][/FONT]

What Information Is Protected

• Information your doctors, nurses, and other health care providers put in your medical record
• Conversations your doctor has about your care or treatment with nurses and others
• Information about you in your health insurer’s computer system
• Billing information about you at your clinic
• Most other health information about you held by those who must follow these laws

 

[tboo]

Same thing with my company. You get charged an extra $50 a month if you smoke. This policy kicked in about 6 years ago.

 

[HardcoreRobot]

sucks huh. just imagine how much worse that stuff will get when its the federal govt running health insurance and the lawmaking institution has strong financial incentive for people to have healthy habits.... nothing bad could happen then.... at least now you have the option to find a different compnay.

 

[etrigan420]

It doesn't sound like it really has anything to do with HIPAA.

HIPAA only governs who has access to your medical information, and under what conditions they can access it. It doesn't address the questionable legalities of drug testing or company smoking policies.

Now, *if* her employer or their insurer had requested, and received, information on her smoking habits from her health care provider...without her consent...*that* would be a HIPAA violation, but moreso on her health care provider for providing the information without consent.

 

[guyver01]

what business is it of the company if she smokes or not?

READ the employment agreement she signed.

chances are she agreed to random drug screens.

 

[sdifox]

why does the company need to do this? Employee fills out form declare self to be jon smoker. The moment the employee tries to claim and tested for if he smokes, the jig is up.

 

[brandonb]

HIPAA violation is when medical facilities give out information about a patient to a 3rd party.

For example. If her job called her doctor and asked her doctor for her medical history. The job can do that, its not a HIPAA violation. But if the doctor discloses that information, that doctor is committing a HIPAA violation.

 

[hpkeeper]

^^^Edit^^^

 

[Corporate Thug]

A business can pretty much have any regulation/policy so long as it doesn't discriminate against a protected class or violate any other laws (this policy does neither).

 

[Gooberlx2]

just imagine how much worse that stuff will get when its the federal govt running health insurance

When's this happening again? Oh wait, it's not.

 

[hpkeeper]

It's becoming more apparent that this is less of a HIPPA issue and more of an issue with the company itself that I have...

 

[Gooberlx2]

Again... without promise of savings if the numbers worked to her favor.

You can rest assured she's saving the $$$ she would otherwise be penalized for not cooperating. Just depends on from what perspective you want to look at it.

 

[hpkeeper]

You can rest assured she's saving the $$$ she would otherwise be penalized for not cooperating. Just depends on from what perspective you want to look at it.

Well what I'm saying is that she may be saving $$$, it just seems that she's saving the company money by doing them a favor of submitting to the test and that if her premium goes down the company smiles happily as it saves a few bucks and she still pays the same toward her premium.

Not likely, but knowing the company -- I could see that happening.

 

[Gooberlx2]

Conversely, she's also doing herself a favor by submitting to the test and allowing the company to prove that its personnel are largely non-smokers, thereby not having their rates hiked up as much by the insurance company.

Look at what's going on generally with insurance rates everywhere and it becomes clearer that, while certainly not entirely for altruistic reasons, the company is probably just trying to prevent or mitigate expected premium increases in the insurance policy; a portion (or all) of which is likely to be pushed on to the employees.

 

[guyver01]

It's becoming more apparent that this is less of a HIPPA issue

 

[OutHouse]

liabilities and rates.

explain please.

 

[Gooberlx2]

explain please.

Positive test of pot smokers would likely affect the company's rates for liability and worker's comp insurances. If they knowingly employ pot smokers, their liability insurance may not cover whatever accidents those employees are involved in.

Tobacco smokers, as OP has explained here, affects rates for health insurance premiums.

 

[Schfifty Five]

OP, how old are you?

How long have you been working?