Ethical Dilemma Re: Paramed Report

[GreenSky]

This is only acceptable if you're a FE agent. For the rest of us, we'd walk.

(Ok, that's a joke. Some FE agents are ethical).

Rick

 

[jdeasy]

The only proper thing to do is to send the info back to where it came and tell them it was sent to you in error.

Then that brings up the point of what would they do if the agent had sent the wrong info? They would rake us over the coals and threaten termination. In the last year I have received two life policies and one annuity file in the mail that were supposed to go to other agents.

One of the life policies I knew the agent that was supposed to get it so I just mailed it to her so she could deliver it. The other two I sent back to the companies.

They would go ballistic if agents were that careless. One company when I called to tell them they had sent me someone's policy got all bent out of shape, "you didn't read it did you?". I said that I did since it was the only way to know if it was meant for me or not. They couldn't understand that.

Anyway, the only thing to do is send the info back. Then I might mail that person an advertisement?

 

[goillini52]

The only proper thing to do is to send the info back to where it came and tell them it was sent to you in error.

Then that brings up the point of what would they do if the agent had sent the wrong info? They would rake us over the coals and threaten termination. In the last year I have received two life policies and one annuity file in the mail that were supposed to go to other agents.

One of the life policies I knew the agent that was supposed to get it so I just mailed it to her so she could deliver it. The other two I sent back to the companies.

They would go ballistic if agents were that careless. One company when I called to tell them they had sent me someone's policy got all bent out of shape, "you didn't read it did you?". I said that I did since it was the only way to know if it was meant for me or not. They couldn't understand that.

Anyway, the only thing to do is send the info back. Then I might mail that person an advertisement?

I can't remember which company it was, but a few years ago I got a cancer policy that was meant for an agent in another state. I called the company and they told me to just destroy the policy and they'd mail out another one. They mailed the 2nd one to me too. They finally got it right on the 3rd try...I'm assuming so because it wasn't sent to me again.

 

[pfg1]

I can't remember which company it was, but a few years ago I got a cancer policy that was meant for an agent in another state. I called the company and they told me to just destroy the policy and they'd mail out another one. They mailed the 2nd one to me too. They finally got it right on the 3rd try...I'm assuming so because it wasn't sent to me again.

that's hilarious!

 

[Norton]

So this was some good conversation... And it's pretty much what I was expecting to hear. I haven't been on the receiving end of things like this before -- although once I had a client's annuity delivered to the wrong address twice before they got it right and sent it to me the third time -- and have never received paramed info on someone else before.

For the record, I didn't take action on it, did not contact them, and didn't solicit the individual. I was really just curious how everyone here would handle the scenario -- contact the client, contact the paramed company, ignore it, whatever the case may be.

(Not gonna lie, though -- I hate knowing they applied for an overpriced policy and I could help them... but it's a P&C company and for all we know, they might be using a cheap 5-year term coverage to bundle and give a discount on their homeowner's insurance.

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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?

Just force of habit, I suppose, referring to someone applying for insurance as a client. Probably because I had used the term client earlier (albeit in saying they were NOT my clients). As I mentioned, no idea who they were.

 

[VaDwayne]

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 agree that he should send it back, however, the paramed company comitted the HIPAA violation,not the poster. If he gave that info to someone else then he would have commited a HIPAA violation.

 

[LGilmore]

I agree that he should send it back, however, the paramed company comitted the HIPAA violation,not the poster. If he gave that info to someone else then he would have commited a HIPAA violation.

Yes and no. Yes, the paramed messed up as per Hipaa. Had he used that information he would have too. Calling the Paramed company letting them know of the problem would be the best way to go.

Cheers.

 

[Norwayguy]

Never received a policy but once received another agents quarterly statements for all their clients by mistake. It pissed off the carrier that I sent it to the other agent and not back to them.....Think they didn't like the other agent knowing of the screw up.

 

[scagnt83]

I agree that he should send it back, however, the paramed company comitted the HIPAA violation,not the poster. If he gave that info to someone else then he would have commited a HIPAA violation.

Receiving the info was not a violation on his part since he had no control over that.

But the minute that he uses PHI that was not obtained in a legal manner to solicit business, he will then have committed a HIPAA violation.

In legal terms it is considered "fruit of the poisonous tree". Same as if you received stolen items that you know are stolen, and then turn around and sell those items instead of reporting it to the police.

(glad that the OP is doing the right thing. people buy crappy policies everyday, nothing new)

 

[goillini52]

Never received a policy but once received another agents quarterly statements for all their clients by mistake. It pissed off the carrier that I sent it to the other agent and not back to them.....Think they didn't like the other agent knowing of the screw up.

Did it have a check attached?

When I was with United American I got another agent's monthly renewal check(over $4K) by mistake. I tried to cash it, but my bank wouldn't do it...so I sent it back to UA.