Please, please and please before you go to any IME, Functional capacity testing or any other treatment provider you are referred to by your Insurer—request in advance any and all intake forms that you will be requested and/or required to sign prior to meeting anyone!!!
There is some Insurers that have these providers present off the wall waivers, right to record, and other intake forms that you will want to review in advance.
Some of these intake forms are a trap-so outrageous that you will not want to sign-then they will say you refused to cooperate.
They may even lie and say you were never presented these forms just to drive ya crazy -
So please do this. It happened to us. Please ask for any forms prior to going
You can request through your insurer if approached to participate in any of these activities as well as offer to pick up prior to any meeting or testing or appointments with any of the insurer’s referrals.
I would let the case manager and provider aware that you require this before meeting with anyone.
Please do this as make a copy for yourself. A lot of these intake forms are not typical and just another insurer trap to get you off claim
The advantage of getting the forms ahead is that if you are not comfortable you can raise the issue before with your Insurer in a reasonable way. You also can prepare questions to ask the physio-psych or whomever it is about the forms and what is expected.
I believe that there is a trend for these rehab providers to want you to sign wacky forms and your rights away-hoping that you will object and they can call you non-compliant. Then they deny that they even asked you to sign such forms.
No!!! Don’t sign any form that you are not comfortable with. You never sign a waiver excusing the providers negligence or malpractice.
You do not have to agree to being recorded. You want to include that any report and/or related medical information is released to you at the same time as to your Insurer,
You do not need to answer questions on if you have ever been sexually abused. ( Common though at pain clinics-but none of your Insurer’s business unless you are on claim for that}
If they persist that you sign then advise you want to review with a lawyer. Be nice, be polite-but you are not required to sign forms that you believe are unresonable
You should be prepared to have benefits cut off if you don’t sign any forms they ask you to sign.
BUT, signing any forms they want may be legally HARMFUL to YOU.
If you have ANY concerns, consult a lawyer.
By seeing the intake forms prior to the appointment you can decide for yourself if it is reasonable and raise your concernsto your Insurer before seeing anyone they send you too.
It would be bad faith if the Insurer cut you off benefits for not signing a waiver releasing a medical practioner for gross negligence and malpractice.
I think it is highly unethical to request but I do think that these forms are set in place so you will raise an objection and the health care practitioner can say you were difficult.
My spouse went to see the Insurer’s chosen physio and psychologist. Allegations were made against my husband that he refused to sign consent forms for treatment or assessment .
He was never asked to sign any consent forms specifically for the psych or physio treatment.
He had two hour appts. with both—so not only was he not asked for consent, nor was any information provided so he could give informed consent or informed refusal–they all tried to cover it up by saying he refused to sign consent forms.
So essentially the providers are saying he refused consent but they assessed, tested and treated him anyways.
Lies are complicated like that.
They tried to discuss cutting him off in joint planning meeting between 4-6 GWL employees-but basically had to drop because we could prove what happened.
Had we been more naive-he likely would have been cut off
You could prove that there were no forms but if you refused to sign the actual forms they would most probably cut you off.
Someone on the forum was talking about having to do ECT. This is where you sign a waiver and there is a possibility of a permanent brain damage. If you don’t do it then no benefits will be paid.
Again going back to the wording in the policy, mine says they can send you to their own doctors but nothing about signing any medical waivers. Why would you sign any medical waivers then?
This is an excellent thread and I don’t have much to add. I also stress the importance of seeing the forms in advance. You can raise issues and questions. Have your concerns addressed and avoid having the whole thing go off the rails when you get there for the assessment.
This is a great topic for a more detailed article with screen shots of examples. We are working on it.
David Brannen
Disability Lawyer with Resolute Legal
The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliabile manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.
You would not sign any medical waivers! That would be crazy to do…the physiotherapist injures you badly-your Insurer says you signed a waiver and blocked our rights for subrogation.
Oh and if the physio sues you for allegedly breaking her equipment–you blocked your home liability Insurance as you waived all defenses.
Never give up rights that you are not required too or do not offer any benefit to you