The health law opened the door for millions of young adults to stay on their parents鈥 health insurance until they turn 26. But there鈥檚 a downside to remaining on the family plan. Chances are that mom or dad, as policyholder, will get a notice from the insurer every time the grown-up kid gets medical care, a breach of privacy that many young people may find unwelcome.
With this in mind, in recent years a handful of states have adopted laws or regulations that make it easier for dependents to keep medical communications confidential.
The privacy issue has long been recognized as important, particularly in the case of a woman who might fear reprisal if, for example, her husband learned she was using birth control against his wishes. But now the needs of adult children are also getting attention.
鈥淭here鈥檚 a longstanding awareness that disclosures by insurers could create dangers for individuals,鈥 said Abigail English, director of the advocacy group Center for Adolescent Health and the Law, who has . 鈥淏ut there was an added impetus to concerns about the confidentiality of insurance information with the dramatic increase in the number of young adults staying on their parents鈥 plan until age 26鈥 under the health law.
Federal law does offer some protections, but they are incomplete, privacy advocates say. The (HIPAA) is a key federal privacy law that established rules for when insurers, doctors, hospitals and others may disclose individuals鈥 personal health information. It contains a privacy rule that allows people to request that their providers or health plan restrict the disclosure of information about their health or treatment.聽They can ask that their insurer not send the ubiquitous 鈥渆xplanation of benefits鈥 form describing care received or denied to their parents, for example. But an insurer isn鈥檛 obligated to honor that request.
In addition, HIPAA鈥檚 privacy rule says that people can ask that their health plan communicate with them at an alternate location or using a method other than the one it usually employs. Someone might ask that EOBs be sent by email rather than by mail, for example, or to a different address than that of the policyholder. The insurer has to accommodate those requests if the person says that disclosing the information would endanger them.
A number of states, including California, Colorado, Washington, Oregon and Maryland, have taken steps to clarify and strengthen the health insurance confidentiality protections in HIPAA or ensure their implementation.
In California, for example, all insurers by members that their information not be shared with a policyholder if they are receiving sensitive services such as reproductive health or drug treatment or if the patient聽believes that sharing the聽health information could lead to harm or harassment.
鈥淭here was concern that the lack of detail in HIPAA inhibited its use,鈥 said Rebecca Gudeman, senior attorney at the National Center for Youth Law, a California nonprofit group that helps provide resources to attorneys and groups representing the legal interests of poor children. She noted聽that HIPAA doesn鈥檛 define endangerment, for example, and doesn鈥檛 include details about how to implement confidentiality requests.
Concerns by young people that their parents may find out about their medical care leads some to forgo the care altogether, while others go to free or low-cost clinics for reproductive and sexual health services, for example, and skip using their insurance. In 2014, who received聽family planning services funded under the federal government鈥檚 Title X program for low-income individuals had private health insurance coverage, according to the National Family Planning and Reproductive Health Association.
Even though most states don鈥檛 require it, some insurers may accommodate confidentiality requests, said Dania Palanker, senior counsel for health and reproductive rights at the National Women鈥檚 Law Center, a research and advocacy group.
鈥淚nquire whether there will be information sent and whether there鈥檚 a way to have it sent elsewhere,鈥 Palanker said. 鈥淚t may be possible that the insurer has a process even if state doesn鈥檛 have a law.鈥
Insurers鈥 perspective on these types of rules vary. In California, after some initial concerns about how the law would be administered, insurers in the state worked with advocates on the bill, Gudeman said. 鈥淚 give them a lot of credit,鈥 she said.
Restricting access to EOBs can be challenging to administer, said Clare Krusing, a spokesperson for America鈥檚 Health Insurance Plans, a trade group. A health plan may mask or filter out a diagnosis or service code on the EOB, but provider credentials or pharmacy information may still hint at the services provided.
There鈥檚 also good reason in many instances for insurers and policyholders to know the details about when a policy is used, experts say.聽Policyholders also may have difficulty tracking cost-sharing details such as how much remains on the deductible for their plan.
In addition, 鈥渋f a consumer receives a filtered or masked EOB, he or she has no way of knowing whether their account has been compromised or used as part of fraudulent activity,鈥 Krusing said.
Please to send comments or ideas for future topics for the Insuring Your Health column.