by lifeagent911 » Tue Dec 30, 2008 03:20 am
This is worth it weight in gold. I suggest that you get your clients to sign it. I can't tell you how many times, it have help the agent, when a client lied on the application.
Applicant's Statement of Truth and Acknowledgement
I hereby acknowledge that all my answers given on application(s) for life, long term care, cancer and/or health insurance today, ___________________2009 are true and complete to the best of my belief and knowledge.
I will review the application(s) completely to make sure all answers are correct and complete before signing such application(s).
I fully understand that an insurance company can later rescind a policy or deny/reduce a claim/benefit due to my application answers that were not knowingly truthful in fact, misrepresented, or lacked material information known by me. This information includes, but is not limited to, my current and past medical history as well s any tobacco usage.
Furthermore, I will not hold you, my agent, responsible in any manner whatsoever should a company later rescind a policy or deny/reduce a claim/benefit for these reasons.
________________________________
Applicant/Owner
__________________________
Agent
___________________________
Witness/Beneficiary (if available)
This form should be retained by the agent.
A copy may also be given to the applicant/owner.
Applicant's Statement of Truth and Acknowledgement
I hereby acknowledge that all my answers given on application(s) for life, long term care, cancer and/or health insurance today, ___________________2009 are true and complete to the best of my belief and knowledge.
I will review the application(s) completely to make sure all answers are correct and complete before signing such application(s).
I fully understand that an insurance company can later rescind a policy or deny/reduce a claim/benefit due to my application answers that were not knowingly truthful in fact, misrepresented, or lacked material information known by me. This information includes, but is not limited to, my current and past medical history as well s any tobacco usage.
Furthermore, I will not hold you, my agent, responsible in any manner whatsoever should a company later rescind a policy or deny/reduce a claim/benefit for these reasons.
________________________________
Applicant/Owner
__________________________
Agent
___________________________
Witness/Beneficiary (if available)
This form should be retained by the agent.
A copy may also be given to the applicant/owner.
Posted: Thu Jan 01, 2009 12:02 pm Post Subject:
sdchargersfan, I believe you have some of your information crossed or you are simply mistaken.
Regarding, The Health Insurance Portability and Accountability Act, the operative word there is HEALTH as in HEALTH INSURANCE.
See and read THIS LINK.
The P in HIPAA stands for portability of medical coverage. This part of HIPAA went into effect on July 1, 1997. On the date the plan or insurer becomes subject to the HIPAA provisions, the plan or insurer may not exclude coverage for any pre-existing medical conditions for more than 12 months after an individual's enrollment date (18 months for a late enrollee).
A friend of mine has a 'pre-existing' Medical condition, that is 'covered' under the HIPAA Law.
Pre-existing conditions can be EXCLUDED from coverage for 12 to 18 months.
'His' Insurance company refused to sell him Life Insurance if he did not sign a similar form ('not responsible for...).
HIPPA has zero to do with life insurance EXCEPT the medical information privacy statement that nobody reads that says,... they can share your medical information with just about any governmental agency and/or insurance company and/or the Medical Information Bureau and others.
I don't know what you mean with ('not responsible for...) You said this was LIFE INSURANCE, what is it he's ('not responsible for...)?
His Mother was POA. When my friend passed away, his mother sued the Insurance company and won.
Again you've probably mixed unrelated things together.
Mom may very well have sued the HEALTH INSURER for denying some claim.
There is no such thing as ("pre-existing' Medical condition, that is 'covered' under the HIPAA Law") for LIFE INSURANCE. Most group life plans are guaranteed issued so they've already build adverse selection into the rates.
From THIS LINK.
The Health Insurance Portability and Accountability Act (HIPAA)1 was passed on August 21, 1996. Among other things, it included rules covering administrative simplification, and making healthcare delivery more efficient. Portability of medical coverage for pre-existing conditions was a key provision of the act as was defining the underwriting process for group medical coverage.
AND just because one may have a pre-exitsing medical condition that may or may not be subject to the 12 month exclusion that does not mean you don't have to disclose the condition to the insurer.
Thread wars are fun!
Posted: Fri Jan 02, 2009 03:30 am Post Subject: insurance
GARY.........It's fun 'fighting' with ya, too!! :lol: When I said, "Not responsible for...", I was referring to the form the AGENT was talking about...the ones he said if 'his' clients din't sign it, he wouldn't sell them a policy. The HIPAA Law......my friend was HIV..AIDS. He din't have to divuldge any of that information to any sort of Insurance.
Posted: Fri Jan 02, 2009 03:51 am Post Subject:
Wow!! You think someone can have HIV or AIDS and does not have to divuldge that info to the insurance company and still buy the insurance.
Hipaa just says that there is certain private infomation that can not be shared without your permission to someone else. Example, you doctor can't tell me that you have aids. Whenever you buy any kind of health or life insurance, we put a hippa form in front of you to sign. If you don't sign it giving us permission to access your mib/rx and a number of sources, then we walk away and you don't get the insurance.
I think it is really funny that you keep trying to play insurance agent and tell us what the laws are and you are clueless to what the hippa law really is. When you having training on hippa, or get an Insurance Lic, then talk to me about Hippa or what you think the law is. LOL
Your right about the client don't have to buy the insurance and don't have to tell us anything, or sign anything. We don't have to sell him the insurance or give him the coverage if he don't sign it.
I think when you said the following that you were clueless.
"A friend of mine has a 'pre-existing' Medical condition, that is 'covered' under the HIPAA Law. 'His' Insurance company refused to sell him Life Insurance if he did not sign a similar form ('not responsible for...). His Mother was POA. When my friend passed away, his mother sued the Insurance company and won."
I don't think you have a clue as to what the Hipaa law is.
Posted: Fri Jan 02, 2009 05:16 am Post Subject: insurance
In the field that I work in, I deal with HIPAA everyday. No.........my friend did NOT have to reveal anything to anyone. Maybe that's why his mother WON a lawsuit with an Insurance company. OR....................did you NOT read that part., AGENT. I live in a VERY small town. This certain Insurance company is in THIS town. When the news traveled about the Lawsuit, BELIEVE ME!!.......that Insurance company LOST alot of clients...they are actually thinking of 'closing their doors'. I work with a 'client' now, who recently ( less than 7 months ago....) found out she is HIV+. BY LAW she doesn't have to tell A SOUL!!!!!!! I deal with her Life Insurance AND her Medical Insurance policies/issues. When my 'client' find this info out ( that she is HIV+..) I called her agents who handle her policies ( Medical and Life) and told them she NOW has a "change in her Health." I ALSO told them, because of the HIPAA LAW I was NOT obligated to SAY what that "change" is. They can do NOTHING about that......if they try, my 'client' will sue.
Posted: Fri Jan 02, 2009 05:46 am Post Subject:
I would not sign the form, it would make me very suspicious of the insurance, I would worry if it was going to fully cover what it had promised. I think that agents should give a feeling of confidence to the customer and this would surely make me feel a little untrustworthy of my agent if they had me sign a form like this. Just my perspective as someone who would potentially come to you for insurance.
Posted: Fri Jan 02, 2009 05:50 am Post Subject: insurance
I wouldn't sign anything like that, either. Thats' why the Insurance policy would be there..that's why you would buy it: to 'cover' you.
Posted: Fri Jan 02, 2009 12:48 pm Post Subject:
Gentlemen and Gentlewomen let the thread WAR begin!
sdchargersfan, your are simply confused with the facts regarding HIPAA. You are also mixing in-force business with new business. They are not one and the same thing.
I work with a 'client' now, who recently ( less than 7 months ago....) found out she is HIV+. BY LAW she doesn't have to tell A SOUL!!!!!!!
True and False.
If she submits a new application for any type of significant death benefit for life insurance they will asked the following question:
"Have you ever been tested positive for exposure to the HIV infection or been diagnosed as having ARC or AIDS caused by the HIV infection or other sickness or condition derived from such infection?"
That is answered either YES or NO.
You go on to write:
I deal with her Life Insurance AND her Medical Insurance policies/issues. When my 'client' find this info out ( that she is HIV+..) I called her agents who handle her policies ( Medical and Life) and told them she NOW has a "change in her Health." I ALSO told them, because of the HIPAA LAW I was NOT obligated to SAY what that "change" is.
You are talking about IN-FORCE business now and there wasn't even any reason for you to contact the life insurance company or the medical insurance company. Once issued, as long as you didn't LIE on the application the policies can't be canceled or benefits denied because your health has change.
DO YOU SEE THE DIFFERENECE?
I ALSO told them, because of the HIPAA LAW I was NOT obligated to SAY what that "change" is. They can do NOTHING about that......if they try, my 'client' will sue.
True, but a little combative. The medical insurance company will find out anyway because they have to pay the claims.
Now let's talk about HIPAA.
If your friend changes group medical insurance companies subject to HIPAA SHE WILL have to disclose her medical pre-existing conditons to them, IF THEY ASK AT THE TIME OF ENROLLMENT, and they can EXCLUDE coverage for that pre-existing condition for 12 to 18 months depending on previous creditable coverage.
Please read the previous links on this thread.
:P Okay, Let the thread WAR continue!!!!!
Now,... SD,... please link us up to credible and verifiable information that supports your understanding of HIPPA.
Posted: Fri Jan 02, 2009 01:55 pm Post Subject:
You are right. After a policy is in force, if their health changes, that is fine.
The client does not have to tell us anything if their health changes after buying the policy.
Only time they have to tell us anything is when they are applying for the coverage. They can not hold back the fact that they have hiv/aid or that they smoke or anything that the application ask.
Posted: Fri Jan 02, 2009 03:16 pm Post Subject: insurance
As I said, this is what's going on with the 'client'. Tests that my'client' has done, are given by a 'special' clinic ( assciated with the hospital here) and when te senda claim to the 'clients' Medcal Insurance, they state on the claim that "standard tests were done." They DO NOT discose what KIND of tests are being done...............I've seen copies of the different claims myself. Her Medical Insurance is OBLIGATED BY LAW to pay the claims. Actually, at this time, I'm at 'work' now. My 'client' s filling out some paperwork on her 'updated' condition. It DOES ask about HIV+/AIDS. She wrote on the paperwork she is "becase of HIPAA, she REFUSES to answer the question." She ALSO enclosed a COPY of the HIPAA Law to the place where she was mailing the paperwork. I deal with my 'clients' casework on a daily basis. AGAIN....................my 'client' is NOT obligated to tell about his/her condition. If what you are saying is true, THAT means that her caseworker AND the County, that my 'client' lives in has been lying to her and me all of this time. ...I REALLY doubt that is happening, in this case. I REALLY can't sa anything else about this case. You ( in general) are lucky I said this much.
Posted: Fri Jan 02, 2009 04:39 pm Post Subject: insurance
...I DO want to add, if other 'clients' are not given the CORRECT information on how HIPAA can completely 'cover' them, then the 'client' will be misinformed, and THAT would be very sad.
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