Spoiler alert: If you think this is going to be about COVID, I am sorry to inform you that it is not. However, if you want a fast paced blog about the problem with rules, keep reading…

We all know about HIPAA. According to the CDC (do I need to define them for you?):

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge.

Does everyone understand why we have these laws? Basically to provide privacy to someone who is sick. And you all know that I defend the right to privacy. Completely.

However…

Sometimes we create rules to protect that end up screwing the person that most needs protection.

Case in point: My Dad has long term health care insurance. In order to qualify to reap the benefits of said insurance, you need to meet certain criteria: namely, that the person needs help doing normal, everyday things. It means that the person probably needs help advocating for themselves.

As my Father does not have the ability to sit on hold for 90 minutes waiting for a customer service rep, I have been helping him out.

Here’s the rub: I am not allowed to ask questions about the policy without his consent. Which is fine. I get the law and how it’s trying to protect people. And I call my Mom and get her to put my Dad on the phone so that he can give consent, for that day and that day only, for me to help. And my Dad is ill. And I’m trying to get him help with THINGS HE PAID FOR FOR THE PAST 20 YEARS…

Can you feel my frustration about this.

So, after I lost it last week and I emailed the CEO of the insurance company, and got a senior executive to answer my call…I will share with you what I told him left me a tad frustrated…

I asked how a long term care policy could be put into effect without the policy NEEDING to have at least one authorized individual who can speak for the insured. I carefully explained, like I stated above, that by the time the insurer needs the policy they can’t actually do the leg work. I told them that it SHOULD BE REQUIRED THAT EVERY POLICY TAKEN HAS AN AUTHORIZED PERSON THAT CAN ACT FOR THE INSURED. I said that you can send out an update form on a yearly basis as to who that authorized person should be, with updated contact info. I asked how, MY MOTHER, his WIFE OF 59 YEARS IS NOT ALLOWED TO DISCUSS THESE THINGS- and how she wasn’t put on the policy 20 years ago…which my parents swear that they did…

I then pointed to the part of the policy that states that I am the one to be called if for any reason they payments lapse. I told the Sr. Exec that my parents assumed by putting me on that, making me responsible for the money and all, would allow me to have access and speak for my father.

Next, I told him how my parents filled out the necessary paper work so that my Mother and I could have access to speak to the insurance company, and how the insurance company DENIED THE PAPERWORK because the SIGNATURES DON’T MATCH. My father is ill and has trouble feeding himself sometimes. DO YOU THINK HE HAS THE SAME MOTOR SKILLS?

I understand rules/laws are meant to protect people. But sometimes the rules/laws hurt the very people that they are supposed to protect. When we set a standard, we need to make sure that people truly are protected, and it’s not just an additional 80 levels of paperwork and bureaucracy…and added levels of angst and frustration.

So, the moral of the story is: if you have long term health insurance, make sure you have someone listed as an approved person to discuss matters.

And if they do amend the law that every care policy like this MUST HAVE A DESIGNATED PARTY TO SPEAK ON ONE’S BEHALF…

You’re welcome…