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Restating this for folks in the comments who didn't read: When I applied for a policy, my agent provided me with an electronic signature pad at payment time. I
by aphyr 7y ago
Restating this for folks in the comments who didn't read:
When I applied for a policy, my agent provided me with an electronic signature pad at payment time. I understood that I was providing my consent to apply for coverage, and to pay for that policy. I do contract review as a part of my job, and read legal language carefully before signing.
Just before I left the building, they provided me with a folder full of informational material--a bunch of ads for state farm services and disability coverage in general, some policy overviews, etc. I set it on the counter when I got home, and planned to read it later--work was incredibly busy that week.
It turned out that State Farm had applied my payment signature to additional forms without my knowledge: a HIPAA authorization form and consent for State Farm to draw my blood and test it for HIV. I was provided neither verbal nor written information prior to signing that I was agreeing to either of these terms. I was not given a chance to review these agreements prior to signing. I didn't ask to see them, because I didn't know they were even a thing.
State Farm started pulling my health records from my old doctors. One of them thought it looked sketchy, and called me to confirm. My reaction was something like "What the fuck". They emailed me a copy of the forms, and that was the first time I learned I'd "agreed" to disclose my health records. Sure enough, they were in the folder: buried behind the ads and policy information. If I'd flipped through the folder in full before walking out the door, I could have run back in and insisted they cancel the authorization.
I immediately called State Farm, informed them they did not have my consent, and demanded they destroy any records they'd obtained. They said they'd do that. I've been waiting for them to confirm they've destroyed those records since, uh... May, I guess. The folder's still on top of my desk; I've been meaning to follow up with a HIPAA complaint. Started getting the state regulatory bodies involved, but haven't finished that process.
I had a detailed conversation with my agent at State Farm where we talked about the importance of informed consent and presenting people with paperwork prior to signing. He actually told me that not only was this standard procedure, but that he didn't actually know how to get a copy of the forms to show to customers so they could review before signing: the workflow State Farm designed didn't actually produce forms until the signature was already in place.
I don't fault my agent specifically for this; I fault State Farm's training and workflow. My understanding from talking with state regulators is that I'd have to initiate a complaint specifically against my agent, which is less than ideal. I like him and I don't want to fuck up his business, and he didn't understand that contracts require a meeting of the minds. This is, IMO, a systemic problem requiring better training and software design, and those are both State Farm corporate issues.
- segmondy 7y agoThat's crazy, the terrible thing is you might find that all insurance providers do this, then what would you do?
- joncrane 7y agoDon't you just have to report it? I get that this poor guy's name is attached to it but if that's the only means to fix this egregious violation of user rights, I think we have to think about what will benefit society the most overall.
- scohesc 7y agoIf your agent doesn't know the concept of contracts requiring a meeting of the minds, why is he an insurance agent?
- crankylinuxuser 7y agoBingo. As a public service, they should file a grievance against this insurance agent, and include State Farm as well. Because, if this is true, is forgery along with various HIPAA violations.