Who should be allowed access to your medical records?

TenPenny

Hall of Fame Member
Jun 9, 2004
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Location, Location
I don't understand the idea that insurance companies shouldn't see your medical records in order to qualify you for insurance coverage.
 

JLM

Hall of Fame Member
Nov 27, 2008
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I don't understand the idea that insurance companies shouldn't see your medical records in order to qualify you for insurance coverage.

Yep, that makes ABSOLUTELY no sense at all. The rule of thumb for insurance is that premiums are set according to risk. :smile:
 

CDNBear

Custom Troll
Sep 24, 2006
43,839
207
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Ontario
Yep, that makes ABSOLUTELY no sense at all. The rule of thumb for insurance is that premiums are set according to risk. :smile:
Not for long, Vanni's going to take the big insurance bad guys on, all the way to the SCC. The Rev will take second chair.

He's read the Oakes Test, (which he'd never heard of until I told him about it). Read hundreds, (If not thousands by now) case law articles.

And now obviously knows infinitely better than the SCC.

Soon you'll be able to get million dollar policies for pennies a day, on your death bed. That will actually pay out!
 
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bobnoorduyn

Council Member
Nov 26, 2008
2,262
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Mountain Veiw County
Huh, are you kidding? I think Pizza delivery people would love to have the rights to the same pay as the pilot and the fire fighter! :lol: And I'd bet would gladly divulge his medical records to get it.

Well, I did deliver pizzas at one time, for two years, (because the pay was pretty good), but I would never gladly divulge my medical records. The wage commensurate with a profession is not a right, it is earned by determination and hard work, its not like winning a lottery. Pilots are not required to divulge their medical records to an employer. They are, however, required to divulge, or self report any condition that would make them unfit, preferably to their doctor. Pilots are also required to inform their doctor that they are pilots, and doctors are also required to report to the Transport Canada aviation medical office any condition that may deem you unfit, (surprisingly, many doctors don't know this).

This is not like handing over your medical records to uninformed parties, like employers or the public, it sharing only that information which is relevant, and only between medical professionals. Seeing how even that can turn into a gong show, (try getting three or more doctors to agree is like trying to get as many lawyers to do the same), I could never agree to carte blanche divulsion of all medical records for any reason except by court order, even then, cause would have to be reasonably proven. And a big no to the nanny statists, "in the interest of safety" is not reasonable.

I don't understand the idea that insurance companies shouldn't see your medical records in order to qualify you for insurance coverage.

I would like to know if you, or anyone else here, has actually seen their medical records. I haven't seen mine. I have seen enough of them that I know I wouldn't want anyone else to, but again, those were just records pertenant to a particular issue. All my records would probably fill five evidence boxes.

When you fill out the questionaire and tick off a yes box, the insurance companies will usually ask for an explaination or letter from your attending physician. Again, that is responding to something specific. Giving anyone access to your medical records is giving them permission to go on a fishing trip.
 

Kreskin

Doctor of Thinkology
Feb 23, 2006
21,155
149
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Insurance companies don't need to see your medical records prior to insuring you. Even if you lie on a health questionaire, if your pre-existing condition results in a claim occurring more than two years after the questionaire they generally have no recourse.
 

Niflmir

A modern nomad
Dec 18, 2006
3,460
58
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Leiden, the Netherlands
I don't understand the idea that insurance companies shouldn't see your medical records in order to qualify you for insurance coverage.

Because in places without universal health care, people with a medical history are routinely refused health insurance. The idea that insurers should not be able to see medical histories is nothing other than an assertion in favor of universal health coverage.
We can fix that.
I think Vanni is off the mark by confusing privacy with suitability. If a person applying for a laborers job has a history of back problems then the prospective employer has a right to know this since it has a direct bearing on ability to perform the job duties.

The point is that medical history doesn't tell you if the potential employee has back problems. It might tell you that the potential employee had back problems. A medical examination will tell you what you need to know, a medical history won't. Plus if they have no history of back problems, it does not mean that they don't have back problems. So you need to do the examination anyways...
 

TenPenny

Hall of Fame Member
Jun 9, 2004
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Well, I did deliver pizzas at one time, for two years, (because the pay was pretty good), but I would never gladly divulge my medical records. The wage commensurate with a profession is not a right, it is earned by determination and hard work, its not like winning a lottery. Pilots are not required to divulge their medical records to an employer. They are, however, required to divulge, or self report any condition that would make them unfit, preferably to their doctor. Pilots are also required to inform their doctor that they are pilots, and doctors are also required to report to the Transport Canada aviation medical office any condition that may deem you unfit, (surprisingly, many doctors don't know this).
This is not like handing over your medical records to uninformed parties, like employers or the public, it sharing only that information which is relevant, and only between medical professionals. Seeing how even that can turn into a gong show, (try getting three or more doctors to agree is like trying to get as many lawyers to do the same), I could never agree to carte blanche divulsion of all medical records for any reason except by court order, even then, cause would have to be reasonably proven. And a big no to the nanny statists, "in the interest of safety" is not reasonable.
I would like to know if you, or anyone else here, has actually seen their medical records. I haven't seen mine. I have seen enough of them that I know I wouldn't want anyone else to, but again, those were just records pertenant to a particular issue. All my records would probably fill five evidence boxes.
When you fill out the questionaire and tick off a yes box, the insurance companies will usually ask for an explaination or letter from your attending physician. Again, that is responding to something specific. Giving anyone access to your medical records is giving them permission to go on a fishing trip.


No., I have not seen my medical Record, but I've only had this doc forbade year, and only seen him three times, because I broke my knee.
 

Vanni Fucci

Senate Member
Dec 26, 2004
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8th Circle, 7th Bolgia
the-brights.net
The only one with their peepee hanging out, is you.

LOL, and your envy is quite evident...

LOL, you already provided the proof that my statement was indeed fact/correct. The issue now is, you feel silly and have to do everything and anything, to save some face. Instead of just saying, "Sorry Bear, you were right".

Yes, as I said, partly...

Let me explain it to you, since you obviously didn't read the Armed Forces recruiting link I provided...

While I graciously provided the link for you to read, I actually overstated the necessity of medical records during recruitment in Canadian Armed Forces...I was interested to see how long you would keep this up...

Medical history is only requested if a problem is detected during the physical fitness phase of the recruitment process...

What this means is that you are only partly right, at best, and that your touching story of providing medical history during the Armed Forces recruitment of yourself and your son is a blatant lie...while it's possible that you or your son failed to meet the physical fitness requirements and so were required to provide medical history, I doubt VERY much that BOTH of you were required to...so either you didn't both get recruited to Canadian Armed Forces, or you weren't both forced to provide medical history during the recruitment process...which is it?

I'm afraid I'm going to have to get you to post your Pers File to clear this matter up...

As I said, I don't recall having to provide that medical history, because I don't think I did...my physical fitness test was passed easily, with no issues other than being 2 lbs shy on my BMI, which the MO said I would put on in no time...

However, I didn't put it on, as that issue came up twice more when I came up for promotion...again both times being underweight was overlooked...

I'd love to understand why people like you have such difficulty admitting error.

So would I Bear...so would I...

Isn't it reasonable to discriminate with regards to certain careers?

Do we really need an epileptic flying planes? Driving trucks?

No it's not reasonable, because in a free and democratic society, rights are not infringed upon for the convenience of employers...

Still waiting for you to provide links to some of these jobs that indicate that disclosure of medical history is a requirement for employment...

http://www.aircanada.com/en/about/career/section_pilots.html

Show me where it says that disclosure of medical information is one of the requirements...

Job Requirements











  • 1500 hours of fixed wing flying time
  • Completion of schooling to the university entrance level
  • Ability to pass the Air Canada and Transport Canada medical and visual acuity requirements for a Category 1 medical certificate
  • Canadian Airline Transport Pilot Licence (ATPL), current Instrument Rating and Multi-Engine endorsement
  • Canadian citizenship or landed immigrant status
No, it should be commensurate to the risk that they may be to society at large.

Well it's a good thing then that you aren't making these decisions, because any job can have risk to "society at large"...

A bus driver could have a blackout caused by latent epileptic seizure and crash his bus, a mechanic could go off his meds and have a schizo-paranoid psychotic episode and rig the brakes on someone's car causing a catastrophic accident on the 404, the chief engineer at a hospital could have a heart attack while he was recalibrating the boiler and BOOM...anything can happen...

How would you propose to determine which is more critically important than any others? Under your oppressive regime, we would all be forced to give up privacy rights for the chance to be employed...

If it's critically important that someone is fit, physically and mentally for a job, then proper testing can and should be conducted to determine their eligibility...

I thought you read the Oakes Test and 100's of case law articles?

More accurately I parsed results through a well defined filter and skimmed the remainder...it was more than sufficient to show me that your premise was full of ****...

When they obviously knew absolutely nothing about the topic. And don't even get me started on the claim you joined the military, without providing a medical history.

See above...

If you weren't so locked into myopic thought, basing claims on assumptions, misconceptions, and your feelings, you may have considered that I just enjoy discussing law.

And yet you really don't understand it very well...

Pay attention and I may be able to teach you a thing or to yet...

BAZINGA!

I think Vanni is off the mark by confusing privacy with suitability. If a person applying for a laborers job has a history of back problems then the prospective employer has a right to know this since it has a direct bearing on ability to perform the job duties.

No I don't think I am...

A labourer with back problems would be culled during their probation period...no need to disclose protected information...
 
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Cliffy

Standing Member
Nov 19, 2008
44,850
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Nakusp, BC
The more I have to deal with doctors (because of my advanced years) the more I think they should not be allowed to practice medicine. I don't like being practiced on. I would prefer if they knew what they were doing before they are allowed to treat patients. I feel like I'm turning into a lab rodent.
 

Vanni Fucci

Senate Member
Dec 26, 2004
5,239
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8th Circle, 7th Bolgia
the-brights.net
After the employer has lost money on him....................LOVELY!

I really don't follow your logic...you would have us give up rights that we have been given in order to save the company you are applying to some money?

Do you place such little value on all rights you have been granted?

It is the responsibility of the employer to ascertain the fitness of a candidate, and exploiting their rights to privacy is not an option that I think anyone should be forced to endure...
 

JLM

Hall of Fame Member
Nov 27, 2008
75,301
548
113
Vernon, B.C.
I really don't follow your logic...you would have us give up rights that we have been given in order to save the company you are applying to some money?
Do you place such little value on all rights you have been granted?
It is the responsibility of the employer to ascertain the fitness of a candidate, and exploiting their rights to privacy is not an option that I think anyone should be forced to endure...

I disagree, when the employee costs the employer money, the customer ends up paying for it.
 

Gavin Morgan

Time Out
Mar 17, 2012
59
0
6
Is there anything shameful or embarrassing about arthritis?

Or high blood pressure?

Or high cholesterol?

Or previous surgeries of impinged shoulder and hemorrhoids?

There you go!
 

CDNBear

Custom Troll
Sep 24, 2006
43,839
207
63
Ontario
LOL, and your envy is quite evident...
My pointing and laughing isn't based on envy.

Yes, as I said, partly...
Erroneously.

Medical history is only requested if a problem is detected during the physical fitness phase of the recruitment process...
Can you show me where I said anything to the contrary? I can show you where I said just that...

Check a box on the questionnaire, regarding heart disease, mental health, diabetes, "Have you ever been prescribed?" and so on, and see what happens.
You disagreed with that as well. And replied with...

If there are questions regarding my health on a questionnaire , that too is against the law...


Canadian Charter of Rights and Freedoms specifies:

Equality Rights15.(1) Every individual is equal before and under the law and has the right to

the equal protection and equal benefit of the law without discrimination and, in

particular, without discrimination based on race, national or ethnic origin,

colour, religion, sex, age or mental or physical disability.

(2) Subsection (1) does not preclude any law, program or activity that has as

its object the amelioration of conditions of disadvantaged individuals or

groups including those that are disadvantaged because of race, national or

ethnic origin, colour, religion, sex, age or mental or physical disability.

Therefore it is illegal for an employer to require medical information as a determinant for consideration...

If you checked those boxes regarding heart disease et al, then you did so without regard to the fact that your rights had been violated, too bad for you...
You wouldn't look so stupid, and come off as full of sh!t. If you could remain consistent.

Not that I saw your link to the Armed Forces recruitment forms, I didn't need it either. Here is a quote from them, just for you...

Following the physical examination, you may be required to submit additional medical reports from your family physician or specialist. In these cases you will be given a form containing the necessary instructions and questions to be addressed by the appropriate physician. Any costs associated with providing these reports are your responsibility, as it is your obligation to prove that you are medically fit for enrolment and military training. You should make every effort to ensure that any required additional reports are provided to our medical staff as quickly as possible, as any delay will slow down the processing of your application and could result in missed employment and training opportunities.

Which of course only corroborates what I already said.

Here's another little nugget I like...

Following this review, a description of limitations (if any) will be noted and you will be assigned an appropriate and approved medical category. Applicants will not be medically disqualified on the basis of a diagnosis or disease, but only because of medical limitations affecting employment.

What this means is that you are only partly right, at best, and that your touching story of providing medical history during the Armed Forces recruitment of yourself and your son is a blatant lie...
Touching story? I made mention of the fact that the two of us had been through the process, how can that be touching, unless you're fabricating things?

Maybe you should stick to reality, you wouldn't look so silly all the time.

Maybe if you started at the beginning of the question, and worked through to the conclusion. Instead of starting at your conclusion and working to make it fit, and stopped fabricating things along the way. You wouldn't look so stupid.
I'm afraid I'm going to have to get you to post your Pers File to clear this matter up...


So would I Bear...so would I...
You should probably see someone about that.

No it's not reasonable, because in a free and democratic society, rights are not infringed upon for the convenience of employers...
Can you point out where I said employers please?

Still waiting for you to provide links to some of these jobs that indicate that disclosure of medical history is a requirement for employment...

http://www.aircanada.com/en/about/career/section_pilots.html

Show me where it says that disclosure of medical information is one of the requirements...
Maybe you can show me where I said pilots had to do so? I didn't, because it's not a field I'm familiar with.

Well it's a good thing then that you aren't making these decisions, because any job can have risk to "society at large"...
Some more than others, which is why some careers, come with medical history requirements. As has clearly been shown.

A bus driver could have a blackout caused by latent epileptic seizure and crash his bus, a mechanic could go off his meds and have a schizo-paranoid psychotic episode and rig the brakes on someone's car causing a catastrophic accident on the 404, the chief engineer at a hospital could have a heart attack while he was recalibrating the boiler and BOOM...anything can happen...

How would you propose to determine which is more critically important than any others? Under your oppressive regime, we would all be forced to give up privacy rights for the chance to be employed...
You sure do like your fabricated fantasy. Keep going, you're a hoot to read.

If it's critically important that someone is fit, physically and mentally for a job, then proper testing can and should be conducted to determine their eligibility...
That's why that, in conjunction with a history is done.

More accurately I parsed results through a well defined filter and skimmed the remainder...it was more than sufficient to show me that your premise was full of ****...
Which premise? The one I actually laid out, or the one you made up?

See above...
Why? Your BS wasn't deep enough?

And yet you really don't understand it very well...
Yet I was right from the beginning. While you weren't.

Pay attention and I may be able to teach you a thing or to yet...
I'm already familiar with how you use Gish Gallop, and a number of other fallacies, on top of fabricating what I've said, so as to appear right.

You really don't have much more to offer.

A labourer with back problems would be culled during their probation period...no need to disclose protected information...
According to your measure, that's discrimination, under section 15, lol.
 

JLM

Hall of Fame Member
Nov 27, 2008
75,301
548
113
Vernon, B.C.
But the rights of the customer or the employer do not trump the rights of the individual though...

That's one of the problems with the world today...........everybody for himself and screw everyone else. When you look after others they tend to reciprocate.