Can an insurance company force you to take a blood test and penalize you if you don’t?

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Can an insurance company force you to take a blood test and penalize you if you don’t?

Our company’s insurance carrier (BC/BS) is forcing us to take blood tests 4 months after we’ve signed up. If we don’t comply our personal rates will be raised $50 a month. They will not let us go to our own doctors to have them done. We have to use who they bring in but they won’t have access to the results or so they say. Can they force us to do this?

Asked on April 19, 2011 under Insurance Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The first thing to do is to check your policy, your application, and any other documents from the insurerer which show the agreement between you and them. Insurance is a contract; the insurer can do anything the policy states it can--and only those things. So if the agreement gives them the right to request a blood test or raise your rates, they can do this. You can also call your insurer and ask them to point to the policy provision, term, etc. under which they can require a blood test or raise rates in what seems to be the middle of a policy year.

As a general proposition, either when you're first applying; when renewing; or mid-policy, if permitted by the terms of the policy, an insurer may require a blood test or else raise rates. They don't have to sell you insurance--they are allowed to set the conditions under which they do so.


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