Do life insurance companies have access to medical records?
Your medical records can only be seen by life insurance companies if you’ve given your consent. You’re protected by two acts: the Access to Medical Reports Act (1988) and the Data Protection Act (2018), which is why insurers need your permission to view them. Only a select few third parties, such as the police, courts, social services and the DVLA can access your medical history without needing your consent. But this is very strictly governed.
What’s documented in my medical records?
If you approve your insurer’s request they’ll only be given medical records that are relevant, not your entire history. Your insurer will be able to see:
- Visits to your GP – including what the problem was and any advice given
- Treatments
- Prescribed medications
- Details of referrals to specialists
- Accurate dates of medical activity
How do life insurance companies check my medical background?
The insurer will ask for your written consent. If you agree, your doctor will then provide only the records that relate to your life insurance application.
It’s possible your insurer will ask for access to your entire medical record. If they do, you’ll need to make a subject access request to get all the information. You’ll need to agree to the subject access request before your doctor can pass the information on to your insurer.
You can request to see the report before your insurer does. If you disagree with anything, you can ask for it to be changed. Your GP can refuse to make this change, but you can then request that a statement of your objections is included for your insurer to see.
Do life insurance companies share information?
They can do, yes, but only if it’s necessary for the underwriting process. They might share information in order to determine whether you’ll be accepted for the policy you’ve applied for.
Your insurer should make it clear to you on the application form, or in other correspondence, if this is a necessary step.
How far back can an insurance company request medical records?
Generally, medical records are kept for between five and 10 years after a patient’s latest treatment, discharge or death. How far back your medical records go depends on whether you use a private medical practice or a general hospital. It also varies if the records belong to an adult or a minor.
Some insurers will request your entire medical history, but not all. Insurers are particularly interested in any medical issues that’ve occurred in the last five years – they’ll usually exclude these from your cover. They’ll also want to know if you’ve been clear of a condition for two or more years.
Do life insurance companies check medical records after death?
They can do, but only with permission from someone authorised to act on the deceased’s behalf in the event of a claim.
Most insurers will look at a variety of evidence, such as the cause and timing of death, documentation left by the deceased and any relevant medical history.
Where can I get a copy of my medical records?
You can get them for free from your local GP practice, opticians or dentist.
What happens if I deny my insurer access to my medical information?
The insurer could refuse to cover you as they don’t have the information they need to assess your application or claim.
Life insurance without medical records
You can get life insurance cover without a provider seeing your medical records.
However, the insurer can refuse to pay out for a claim if you weren’t completely honest about any details of your medical history, such as any pre-existing conditions, when you applied for the policy.
The Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule sets rules and limits on who can look at and receive your protected health information, or information that relates to your health or health care you have received and
can also be used to identify you. Your health information may be used and shared with doctors and hospitals; with family, relatives, friends, or others you specify; with the police in special cases such as gunshot wounds; and with government agencies that report on the incidence of various illnesses.
Your health care provider and health plan must give you a notice that tells you how they may use and share your health information and how you can exercise your health privacy rights. In most cases, you should get this notice on your first visit to a provider or in the mail from your health insurer, and you can ask for a copy at any time. The provider or health plan cannot use or disclose information in a way that is not consistent with their notice.
Unless HIPAA explicitly allows for the use or disclosure of your protected health information (similar to the situations as noted above), your personal health information (PHI) cannot be used or shared without your written permission. For example, without your authorization, your provider generally cannot give your information to your employer, use or share your information for marketing or advertising purposes, or share private notes about your health care.
Learn more about how your provider and health plan are to be open and transparent about how they handle your health information.