Dr. David T. DuBow, Dr. Kenneth W. Smith and C. H. Grote on Releasing Medical Records to Insurance Companies (1961)

Four short letters of July 1961 among J-M's Manville, New Jersey plant and its headquarters medical department on requests from insurance companies for employees' medical records. On July 7, Dr. David T. DuBow, the plant's chief medical officer, told the Life Insurance Company of North America that it was "not our local policy to release medical records or furnish medical information for purposes not directly connected with the activities of the Johns-Manville Corporation," and asked Dr. Kenneth W. Smith whether J-M had a general policy. Smith replied on July 19 that with proper authorization the records could be revealed, but "only when the employee, himself, is aware of the contents of the file and we should not divulge information which will result in unreasonable workmen's compensation claims."

What it shows

C. H. Grote, the Manville plant's industrial relations manager, answered on July 24 that he would prefer that medical records "not be revealed unless required by law for the processing of workmen's compensation claims," that "if we do not follow a consistent practice, a number of embarrassing questions could be raised," and that if workers asked why X-rays were being taken, "we should have a routine reply that they are done as a part of periodic physical examinations and not for the purpose of treatment." A handwritten note on Smith's letter reads "Supply no info. from medical files except as req'd by law." The letters show the Manville plant limiting outside access to workers' medical files, and its managers concerned about questions the records might raise (compare Dr. DuBow on releasing X-rays to employees' doctors, 1959).

In Johns-Manville's chronology

Johns-Manville's own chronology of what the company knew describes this document as follows:

Series of correspondence from 7/5/61 to 9/1/61 addressing the issue of whether to divulge contents of medical records to insurance companies. In response to request for information on a specific employee, Dr. DuBow informed Life Insurance Company of North America that it was not J-M's local policy to release medical records or furnish medical information for "purposes not directly connected with the activities of J-M."

Acknowledging that most requests for such information result from an employee's application for some form of insurance, Grote writes to Dr. Smith that it is his feeling that "the insurance companies should be on their own in making decisions concerning insurability." Grote further states that there may be some cases where it is not advisable to send information.

Dr. Smith's response to Grote states that Smith believes the corporate policy should be to cooperate with doctors, institutions, and insurance companies in divulging contents of medical files upon proper authorization. Smith concedes that "local conditions such as may occur at your plant may make it advisable not to divulge this information."

Editor's note: J-M's description runs the correspondence to September 1, 1961, and quotes a reply from Dr. Smith. The letters in this file end with Grote's letter of July 24, 1961; Smith's reply is not in this file.