Do they pull medical records like doctor visits during dot physical

There is a DOT/FMCSA exemption for HIPAA and DOT examines. The carrier does not have to follow any HIPAA regulations, this only applies to the medical professionals who hold your records. It is right in the regulations/laws.

 

There are many individuals out here that NEED to be removed from trucking due to their health. It's funny how they stay in, while people with minor issues manage to get dq'd.

 

Yes, I know that! I was talking mostly about lawsuits and/or a situation that come from a serious accident. Both a plaintiff's Attorney as well as the FMCSA or a State Agency can get those records and HIPAA won't shield you! This was why I said what I did about it being a privacy principle.

 

I know you know that I know you know that but others who don't know that, don't know that at all, they think HIPAA is a blanket protection, which it isn't, it is specific to those in the medical (and legal) world about how to handle medical records and it is loose and fancy-free with a lot of situations where you would think that it wouldn't be.

For example, "sign-in" sheets where you have your name placed, can be a violation of HIPAA because it depends on how it is used, while calling out your name and openly discussing your case in front of the public is not.

 

One last item about medical records. A DOT Examiner does not care if a man has problems with ED. He does not care if you have all your shots or not. I suspect the examiner will not care if you had the Covid shots. They are ONLY interested in anything that will affect a person's ability to safely operate a CMV. HIPAA is about routine medical privacy. A few days ago I was in the ER of a local hospital. A neighbor called and told Kari and she was frantic trying to get information. I did not have my phone handy and the hospital staff was not going to give her information. Later once I got discharged I called her and we spoke. This is what HIPAA is about. HIPAA is not about using medical privacy to keep a legal request about your health that might affect your ability to safely operate a CMV hidden. You DO NOT want to chase after that rabbit hole. ANY PERSON that gives you advice that you can use HIPAA that way is giving you 100% misinformation. I advise caution when filling out those questions. Here's the deal. The chances of you NOT getting caught if you lie with regard to those questions are 100% minus epsilon! In other words, your chances of being hit by a bolt of lightning are greater. The issue is you can get hit by lightning and you can find yourself explaining to a lawyer in a deposition why you lied! Last month someone I know went through such a deposition answering questions at a law firm in Atlanta. These depositions are never pleasant!

 

for all the junior lawyers out there, the rule in its entirety;

HIPAA Home | HHS.gov

 

That is just HHS' landing page for it. It has a lot of general information.

To be clear it isn't the rule, there are rulings on it by both the courts and by federal agencies. There are two parts to HIPAA, one is the law and the other is the regulations based on the law that allows the agencies like HHS to create the regulations without congressional approval.

That said, the HIPAA Privacy Rule regulates the use of what is called "protected health information" or PHI. It holds what is called "covered entities" to protect health information about the patients. This is usually health information clearinghouses, insurers, and providers. However this protection does not cover every procedure or diagnosis or in the case of job-specific health data, the protections are exempt; DOT-regulated jobs are one such exemption.

There is a lot of misuse of it, especially with Hospitals and providers. I had to fight one hospital over my kid's records until I contacted the legal department and explain to them they are violating HIPAA and will end up paying not just my legal fees and settlement but also the $1m fine from HHS, I got the records.

If anyone wants to wade through the actual law, here it is ... https://www.govinfo.gov/content/pkg/PLAW-104publ191/html/PLAW-104publ191.htm

 

Drudging through the actual texts of the HIPAA legalese is one thing. Since this is a trucking forum I will limit my comments about HIPAA only to how it affects a trucker. You don't have to be an attorney to understand the basic concepts of how HIPAA applies to YOU the trucker. ALL of your medical information is considered private and off-limits to anybody that does not have a need to have that information.

With the above said it is important to remember you can't legally hide medical information about your fitness to operate a CMV using HIPAA as a shield. When you start to peruse through the actual text you will start to see the legal right for the FMCSA to get this information AS IT RELATES to your fitness to operate a CMV is clearly there.

The way the system is set up today a person is considered to be giving up some privacy when seeking a medical card. The choice is still yours of course. If you want to legally keep relevant medical history private then walk away and go flip burgers.

There is another Federal law known as the Privacy Act of 1974. I remember this because during my enlistment process back in 1975 I was always signing a release. It was interesting because the text of said releases said disclosure of information was voluntary but failure to sign the release also stops the enlistment process. When it comes to regulatory situations HIPAA is the same.

 

If you are a medical professional who holds records related to DOT/FMCSA examinations, then you should seek the advice of a medical lawyer in order to determine your obligations under HIPAA and other relevant laws. A medical lawyer can provide legal advice and guidance on how to ensure your compliance with HIPAA regulations. A medical lawyer can also assist you in understanding your rights and obligations regarding sharing information with DOT and FMCSA officials.

 

They already have! DOT medical examiners are REQUIRED to follow 391.43(g)(2)(i),(ii)! If a medical examiner has cause to want more information from a driver before they sign off on that driver's medical card THE DRIVER is obligated to provide that information or walk away without a card.


(G) Upon completion of the medical examination required by this subpart:
(2)
(i) Before June 23, 2025, if the medical examiner finds that the person examined is physically qualified to operate a commercial motor vehicle in accordance with § 391.41(b), he or she must complete a certificate in the form prescribed in paragraph (h) of this section and furnish the original to the person who was examined. The examiner must provide a copy to a prospective or current employing motor carrier who requests it.

(ii) On or after June 23, 2025, if the medical examiner identifies that the person examined will not be operating a commercial motor vehicle that requires a commercial driver's license or a commercial learner's permit and finds that the driver is physically qualified to operate a commercial motor vehicle in accordance with § 391.41(b), he or she must complete a certificate in the form prescribed in paragraph (h) of this section and furnish the original to the person who was examined. The examiner must provide a copy to a prospective or current employing motor carrier who requests it.

Regulatory Compliance is a HIPAA exception. As I said in my previous comment a driver is 100% free to keep their medical records private. However, if they are asked for such records and decline to produce them they will not get their medical card.

I want to edit my comment to add something CRITICAL! That part I quoted only requires the examiner to give the carrier a copy of the card not the long form. Here is the issue though. If a carrier wants the long form they do have the right to refuse to let you drive their equipment if you refuse to give them a copy. If you give them the long form YOU THE DRIVER are giving up your rights under HIPAA!