Is this ethical or legal?

[Crabcake Johnny]

Re: Is this ethical ir legal?

It's obviously a huge HIPPA violation if conditions are discussed. I'm more prone to taping the conversation then editing the recording to kills all personal information and only in states where recording is allowed.

 

[SportsNut]

Re: Is this ethical ir legal?

If you read this site it states that HIPPA only applies to employers of 50 or more, for health insurance.

Who is affected?

This comes from Info about HIPPA for Ins Agents.

HIPAA For Insurance Agents

Interesting....

 

[Crabcake Johnny]

Re: Is this ethical ir legal?

Let's play devil's advocate:

A call is live with 50 other agents listening

Bob Smith answers - discloses that he has genital warts. A agent listening knows Bob and spreads around the community that Bob has genital warts.

It gets back to Bob who the agent is who's been spreading the information and confronts him - agent states that he heard about his condition while 50 other agents were all on a call.

Lawsuit?

 

[SportsNut]

Re: Is this ethical ir legal?

Let's play devil's advocate:

A call is live with 50 other agents listening

Bob Smith answers - discloses that he has genital warts. A agent listening knows Bob and spreads around the community that Bob has genital warts.

It gets back to Bob who the agent is who's been spreading the information and confronts him - agent states that he heard about his condition while 50 other agents were all on a call.

Lawsuit?

Yes, pretty likely on the lawsuit.

Malicious damages possibly. But maybe hard for Bob to prove as well. I guess others could testify to the fact that Rob Lianao told them about Bob's warts. Then the question would be, did Rob see the warts personally, or was it simply hearsay over the phone call...?

Now really, what kind of an *** (licensed agent) is going to run around and disclose this kind of stuff...? Could happen, but certainly shouldn't, no matter what. I think it is a pretty small window of this happening, really.

 

[Crabcake Johnny]

Re: Is this ethical ir legal?

Here's the problem with being sued - you don't win, it's degrees of losing.

If you hosted that call and didn't inform Bob that 50 other agents were listening while he discussed his genital warts Bob's gonna sue you.

Will you win? Maybe....2 years later and $50,000 lighter after attorney fees.....and if you still have a license after the DOI investigation.

Wanna play with all that to train newbies? Not I.

 

[SportsNut]

Re: Is this ethical ir legal?

Here's the problem with being sued - you don't win, it's degrees of losing.

If you hosted that call and didn't inform Bob that 50 other agents were listening while he discussed his genital warts Bob's gonna sue you.

Will you win? Maybe....2 years later and $50,000 lighter after attorney fees.....and if you still have a license after the DOI investigation.

Wanna play with all that to train newbies? Not I.

Let's go back to the question of what HIPPA applies to...?

50 and over...? Under 50...? Individual...?

The answer to that isn't going to motivate you to want to make recorded or live trng calls, but I would like to know what HIPPA actually applies to, since that was part of the orig premise here....?

The links above were in this post:

Page Not Found - Insurance Agent Forum

 

[moonlightandmargaritas]

Re: Is this ethical ir legal?

Bob Smith answers - discloses that he has genital warts. A agent listening knows Bob and spreads around the community that Bob has genital warts.

Genital warts...yuck!

Nearly as unattractive as rectal bleeding...

 

[Bob_The_Insurance_Guy]

Re: Is this ethical ir legal?

Big Mistake #7:
Having those that need to be "doing" doing the "listening".

The more senses you get involved, the more ingrained the information becomes. Now, I can stand behind you, and watch you and listen to you all day. Know what I've learned?

ABSOLUTELY NOTHIN'!

Put me on the phone, let me HEAR the responses, FEEL what it's like to not get the response you like, and TOUCH (write) the notes I'm making to prevent it from happening again.

There is nothing more arrogant, more self-serving, more demonstrative, more relationship-killing than saying to someone, "Here, watch me do it, and learn."

When I starTed with Berkshire Life many years ago, I would have the GA listen to me, while standing in the door of my office. The other agents, who had offices next to me would come in and offer advice, once the call was through, based on what they heard me say. They would ask what the other party said, and I would look at my notes (writing it ingrains it), and repeat it to them. Then they would offer recommendations.

As for the lawsuit, anyone who hires someone, and does not do a thorough background check, DESERVES that. When I applied with Berkshire, I had to tell them who my father and mother were, what synagogue we belonged to, how long my family had been in Atlanta, how many people my dad knew, how many people I knew. Who my wife was, what she did for a living, what my father and mother in law did for a living. Where my sibling lived, who she was married to, what position he held, where I went to school, what my grades were, my favorite subject, my least favorite subject, how many people I kept in contact with still, how often I see the doctor, how often I've been hospitalized, what kind of car I drive, when I plan on purchasing a new car, why we were renting and not owning, when do we plan on buying a house, and where we plan on living, do we plan on sending our kids to public or private schools, when's the last time I bounced a check, and how much it was for, how often I go out to eat, what TV shows we watch, where we take our vacations.

After divulging that much information, do you really think I'd go and blab on someone else?


Whenever he saw my wife, he'd know her by name. My brothers-in-law (I got 5) all got birthday cards from him. Same with the anniversary cards for my parents and in-laws. He even picked up a tab, when we were dining at the same restaurant (it was our anniversary), and we didn't even see him, but he saw us. Called it an anniversary present, and to order dessert.

Hmm, those that don't share too much with me either don't get approved, or don't stay long, once something goes awry. They either "drop off the face of the earth" until their situation gets better, or they become beligirent(sp?).

On the other hand, those that I've gotten to know inside and out seem more open with me, take my advice, offer some suggestions, ask more questions, don't hide from me, provide referrals. I wouldn't have gotten to this stage had I not ...

DONE IT MYSELF!

 

[moonlightandmargaritas]

Re: Is this ethical ir legal?

Wow, love the multi-colored post. Very stylish...

 

[TXINSURANCE]

Re: Is this ethical ir legal?

Bob Smith answers - discloses that he has genital warts. A agent listening knows Bob and spreads around the community that Bob has genital warts

I had a guy call in upset a few weeks ago claiming I left information on his voice mail about his wifes herpes waiver.

He was not even one of my clients.

Someone in my office did leave a voice mail - but they did not apply with us.

I finally told the guy "How would I know about your wifes Herpes if you are not my clients? Besides I just met your wife..."

OK I threw in the last line - but what happened is he heard two voice mails and mixed us up with the brilliant agent they bought from who left information about his wifes herpes on a voice mail. Real bright.

Obviously I know better than to do something that stupid.