Medical card question

Discussion in 'Experienced Truckers' Advice' started by demonslayer5545, Mar 26, 2014.

  1. CondoCruiser

    CondoCruiser The Legend

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    Many drivers don't know this but many carriers will play hostage to your long form so you don't use it elsewhere. First they have to have your written permission to even get the long form which you probably gave them when you hired in.

    Second these doctors are required by law to give you a copy of your long form even if the employer gets one. They shouldn't even be giving it to your employer without seeing a signed release by you. This is covered by HIPAA and is mentioned in the regulations.

    Drivers always sign the release as it's a condition of employment. Kind of like coercing you. If you want the hassle you can contact that doctor and he would have to release a copy of the long form to you after you show proof of identity.

    It's easier just to get another physical. Don't forget to give a copy of the medical certificate to your state DMV. This time make a copy of it.


    They are required to keep a copy for 3 years.
     
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  3. Roadmedic

    Roadmedic Road Train Member

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    http://www.fmcsa.dot.gov/rules-regulations/topics/medical/faqs.aspx#question37

    [TABLE]
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    [TD="width: 20"] 37.
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    [TD="width: 636"] Are the DOT medical examinations covered by HIPAA?
    [/TD]
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    [TD="width: 20"]
    [/TD]
    [TD="width: 636"] Regulatory requirements take precedence over the Health Insurance Portability and Accountability Act (HIPAA) of 1996. There are potential subtle interpretations that can cause significant problems for the Medical Examiner. What information must or can be turned over to the carrier is a legal issue, and if in doubt, the examiner should obtain a legal opinion. Federal Motor Carrier Safety Regulation 391.43 does not address or prohibit the sharing of medical information by Medical Examiners. http://www.hhs.gov/ocr/hipaa
    [/TD]
    [/TR]
    [/TABLE]
     
  4. fishnman

    fishnman Light Load Member

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    Peoria ,Az
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    This is great information. I'd just like to add that you must now also make sure that your home state MVD has got a copy of your medical long form. I would hand carry it to the MVD. They (the Medical Certifications) are supposed to be a part of your CDL info, starting 01/2013. I know there was a grace period for some states, but I don't know which states.
     
  5. yuban

    yuban Medium Load Member

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    Ya. I registered my long form with the DMV and the lady there told me when the cops pull us over we will no longer need to carry a DOT physical card because we are all in a data base now and the cops can pull up all our stuff on their computers....I was like riiiigggghhhhttt....okaaaaayyy!
     
  6. CondoCruiser

    CondoCruiser The Legend

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    They use that cheesy clause many places in the regs. We don't get involved with that stuff. Accessory pay, on duty and not paid, that's not our dept. Who owns the medical report, not our dept. But we'll tell everyone what to do with the certificate. By George we regulate the sleeper. Make sure you have sheets. Coerced into breaking the regulations, not our dept even though they are our regulations, contact OSHA. We control broker and shipper freight but we don't want anything to do with driver's pay. Contact the DOL.

    It doesn't matter who, any person has a right to their own medical records which that's exactly what the report is.


    That won't happen until next year some time because they are running behind. It was originally scheduled for this July but it's back up in the air.

    The medical examiner registry is suppose to be in place in May. Eventually they'll have them do the reporting on the computer but not anytime soon..
     
    yuban Thanks this.
  7. atlasvanlinesdog

    atlasvanlinesdog Bobtail Member

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    Yeap, that's right, they were supposed to give it to him, card and long form,
     
  8. x#1

    x#1 Road Train Member

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    Cherokee County, Alabama
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    what trucker forum staff member CC said times 2 or 3.considering the fact that you will be paying for said physical,and everything is all inclusive as in the card and the long form,make SEVERAL copies of your card and the long form.send the card copy to your state,give new outfit a copy of your card and the long form,and always keep the originals with you,perhaps in the clip board container that you do your loose leaf logs on but keep the originals on you.I have had the DOT ask to see my long form for whatever reason and that was in addition to my card.it was only glanced at but i was asked to show it.

    congrats on the new gig.
     
    yuban Thanks this.
  9. atlasvanlinesdog

    atlasvanlinesdog Bobtail Member

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    Well, when I worked for a company in 2012 they paid for everything, drug test, physical and background check, so I quit 1 year later, I came back last month, I didn't know they charged me for a physical, drug test and background check, wtf?
     
  10. CondoCruiser

    CondoCruiser The Legend

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    It was on the last page of the company handbook at the bottom in fine print! :)

    You signed the front page agreeing to the contents of the handbook. One of the oldest orientation tricks there are.
     
  11. demonslayer5545

    demonslayer5545 Light Load Member

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    Dec 9, 2009
    Albuquerque, NM
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    When I got my new physical done a few months ago I was told that it would be added to the DoT for my state (New Mexico) or whatever. I didn't know I should carry the long form with me just in case. I've only been stopped by DoT once so far and they just glanced at my card. This switching over to electronic stuff is kinda confusing, it seems to be all fluster cluckety. Thanks for all the info guys!!!
     
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