Ethical Dilemma Re: Paramed Report

Norton

Super Genius
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So here's an interesting hypothetical for everyone... Let's say you got emails recently from the paramed service confirming a scheduled exam that was taking place -- an alert that it was scheduled, that it took place, and the examiner's report with client's information, medical history, etc.

The thing is -- although your name is on the order as the agent, it's not your client and you have no idea who this person is. However, they have a unique name and when you googled it to find out where this person is from, it's a client from a few hours away and they've applied for an overpriced company's insurance.

How would you handle this?
 
You inform the paramed company that they have the wrong agent listed for that report and completely forget that you ever saw it.

It's not your sale and you don't know jack about what they bought or why.

Leave it alone. Don't be "that" guy.

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Why did you use the term 'client'?

Did they buy something else from you?

Why didn't they contact you? Where did you go wrong in failing to communicate what you did?
 
Great advice. You can only contact the client if it is your client. Most insurance companies also ask how do you know the applicant. If they knew how you obtained the name in the first place, they wont issue any policy.

Personally how would you feel if I intercepted an email from your doctor to you, found out what prescription you are taking and offered you a cheaper deal through my website.
 
I'll play devils advocate here. If you the agent know that there is a better product that would\could meet their needs at a better price, wouldn't it be the same thing as replacing another agents policy when there is already coverage in place?

There are a lot of "That Guy" policy replacements going on all the time.

Just a question...

And to the reference above about "how you know this consumer." What carrier do you write that asks this question?
 
The fact that you would even consider doing something like this is highly unethical. Neither the agent nor the examiner's office is going to put up with something like that.

There isn't an agent out there, doing business daily, that hasn't been on the receiving end of protected health info, that they shouldn't have gotten. That info. is returned to the carrier, paramed, agent, etc...Big Period.
 
So here's an interesting hypothetical for everyone... Let's say you got emails recently from the paramed service confirming a scheduled exam that was taking place -- an alert that it was scheduled, that it took place, and the examiner's report with client's information, medical history, etc.

The thing is -- although your name is on the order as the agent, it's not your client and you have no idea who this person is. However, they have a unique name and when you googled it to find out where this person is from, it's a client from a few hours away and they've applied for an overpriced company's insurance.

How would you handle this?

You just have to ask yourself if you're that hard up for money that you would put your practice at risk? There is your answer.


You've been sent information by mistake, it becomes a violation of privacy if you act upon it. First thought that comes to mind is HIPAA.

You've received information by accident. It isn't an accident if you decide to contact the applicant.
 
I'll play devils advocate here. If you the agent know that there is a better product that wouldcould meet their needs at a better price, wouldn't it be the same thing as replacing another agents policy when there is already coverage in place?

There are a lot of "That Guy" policy replacements going on all the time.

Just a question...

And to the reference above about "how you know this consumer." What carrier do you write that asks this question?

The replacement is not the issue. How and why he is soliciting the consumer is the issue. He would be making a very big HIPAA violation by using that info to contact the consumer.


And pretty much every major fully underwritten life policy asks how you know the client and for how long.
 
I'll play devils advocate here. If you the agent know that there is a better product that wouldcould meet their needs at a better price, wouldn't it be the same thing as replacing another agents policy when there is already coverage in place?

There are a lot of "That Guy" policy replacements going on all the time.

The question was in regards to ethical behavior.

Yes, there are a lot of policy replacements that happen. That's not necessarily a good or bad thing. But getting application by ACCIDENT and then ACTING on information you shouldn't have had in the first place... is not just unethical, but I would think illegal.

It would be a completely different thing if the policyholder called the agent, or the agent had contacted the person outside of knowing this information.

Just a question...

And to the reference above about "how you know this consumer." What carrier do you write that asks this question?

Assurity Life asks that question. I know others do too.
 
The question was in regards to ethical behavior.

Yes, there are a lot of policy replacements that happen. That's not necessarily a good or bad thing. But getting application by ACCIDENT and then ACTING on information you shouldn't have had in the first place... is not just unethical, but I would think illegal.

It would be a completely different thing if the policyholder called the agent, or the agent had contacted the person outside of knowing this information.



Assurity Life asks that question. I know others do too.

To be clear, I wasn't suggesting the use of the information outside of the internet research the OP mentioned they did.

I in no way would suggest the use of the app data.

I have high ethics in case that thought crosses anyone's mind. Had I not I wouldn't have made 4 referrals over to BCBS in Florida when I don't have a carrier that meets the needs of the prospects that come across my desk.

It was a question and only that.
 
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