Health insurances Insured persons are always entitled to information

Health insurance company must answer inquiries about social security contributions
Insured persons are entitled to information about the employer's contribution payment. This has been decided by the 8th Senate of the Hessian State Social Court. According to him, the statutory health insurance is required to provide information in justified cases as to whether the social security contributions have been duly paid or not. A woman from the district of Limburg-Weilburg had sued.

Court gives woman from the district Limburg-Weilburg right
Employees can "in justified cases" ask their health insurance company for information on whether the employer duly pays their social security contributions. To this judgment (Az .: L 8 KR 158/14) the 8th senate of the Hessian national social court came. Thus, the court decided in favor of a woman from the district of Limburg-Weilburg, whose request had previously been rejected in their statutory health insurance.

Duty to provide information. Image: vege - fotolia

As reported by the Hessian State Social Court, the woman had been informed by a former colleague that her former employer had allegedly failed to pay social security contributions. Then she inquired at health insurance, which refused to provide information. As a reason, the health insurance stated that it is social data of the employer, which should not be passed without their consent to the insured, the court said.

Right to information concretizes the fundamental right to informational self-determination
But the judges gave the woman right. According to this, insured persons in the sense of the fundamental right to informational self-determination "would have a legal claim to information about the social data stored about their person" (§ 83 Social Code Book 10). Accordingly, the health fund is unlikely to withhold any information from its insured on the payment of social security contributions, since this is also its social data. Although the employer is obligated to pay contributions alone, the employee's share is provided from the employee's assets (§ 28e SGB IV). Since, in addition, there were no confidential interests of the employer that would be worth protecting, even a failure to provide information pursuant to § 83 SGB X (4) sentence 3 would be out of the question, the report said. (No)