Is there an active dot poster that fields questions?

I obviously can't answer any of that as it would be pure speculation. But the fact they told this other driver you needed a cpap strikes me as some sort of HIPPA violation by itself

 

http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html if you feel that it wasn't an UNINTENTIONAL violation (it's a basic whoops in the eye of HIPAA if they had a followup with Frankie Bob and said "XLSDraw, you have Sleep Apnea", and Frankie Bob said "But I am Frankie Bob" "oh well you have sleep apnea also".)

Also, Crete would be entitled to the results as it was terms of the procedure, but you should also be legally entitled to the results as it was a Medical Procedure on your person. Call Sleep Pointe and get the ball rolling on getting the results. It will probably take a week or two if they contract their medical records to be digitized off site, or stored off site.

 

See your doc at the VA he can get the results, they can't refuse.

 

A lot of companies are going by a person's size too, if you have a large neck size, more than likely you will end up having to have the sleep test done and a lot of the other companies now.

 

Advise Sleep Pointe that you need a copy of your Sleep Study Report so you can followup with your physician. Under HIPAA they are required to provide you a copy. I would then look into setting up an appointment with a pulmonologist that specializes in sleep apnea. Let them do a second, unbiased sleep study and determine if a CPAP or alternate treatment is needed.

 

Xlsdraw, do you really want to go through all this hassle so you can go back to Crete ? You and I have discussed this before, Crete loves to stick their drivers with the CPAP machine so they can charge their drivers $900+. I've seen in some older Crete threads that drivers have come into the company with their own machine but Crete requires them to buy theirs.

You have the experience. There are plenty of companies that pay equal or more to what Crete pays. A lot of those companies have better health insurance which from talking to Crete drivers the companies insurance is pitiful.

 

This isn't a DOT question, it is a medical/legal question.

Better their dime than yours.

OK I understand, that seems to happen a bit. But the truth is the only way you can tell is if you are monitored (study) during your sleep. If you have to have one and they are willing to pay, go for it.

I got to tell you, that may be a bunch of BS. The study is done, a recording is made and you won't get any results from it until a doctor (not a tech, not the girl who hooks you up) gets the results and says "yep you have it". Don't even worry about it at this point.

Don't get angry with them, I think the guy is BS'ing.

That I think was premature, mainly because it isn't the carrier who is at fault for this, it is the FMCSA and you will have to deal with this again soon enough.

YES, you are and it isn't because of HIPAA - I will say something about that later.

You will have to call them up to ask for their procedure to release medical records to your PCP and if you have to fill out a form, where to find that form or if they provide it, what documentation you will need and who to send it to. AND AS ALWAYS, get a name of the person you talk to, note the time and date of the conversation and keep notes of that info. ALSO have YOUR PCP's phone number, fax number and address on hand.

Yes, as long as the PCP is willing to sign a script to say you need it and come up with a treatment plan.

Look guys, we are exempt from HIPAA, we have been from the day it was written, and on top of that HIPAA isn't a guarantee of medical privacy, there is a need to know clause in it. In this case, there is no violation, there has to be proof and it is a conjecture that the guy saw the actual medical information for him to form an opinion about it.

 

If I understand the situation correctly, two drivers were sent for medical testing. Driver B received both his results and the results for driver A. If this is the case than this is a text book example of a violation. His co-worker does not have a need to know. His company, as the one ordering the test, would have had a release built in, either through the employment contract or the consent to care. However, that does not extend the right to protected health information to his co-workers, only to the people in the business that need the information. That being said, the government seems more concerned about insurance companies than providers when it comes to violation enforcement, so pursuing it might not be a quality use of time.

Also, since you brought in my quote as part of this I would like to take a chance to explain another part of HIPAA that give you valuable rights you should know about that apply to Mr. Draw. He wants to continue his care with a physician of his choosing, HIPAA provides protections that enable him to do that. He has a legal right to a copy of his records, within reason, to take with him to his appointment. He can request them directly or have his physician request them. They cannot withhold the record simply because Crete paid for the test.

 

Yes you are right to a certain extent, the contractual obligations that the company has aside, while this problem falls under the need to know issue for compliance of a federal regulated industry where companies and the drivers are exempt, there is no definition of who is or is not entitled to the medical information within a company (seeing that you interjected a co-worker as the other driver I will use that) hence there is no protection at that point thanks to both the law and the regs. (Most of the internal policies of a provider would prevent this to begin with.) The reason for this is based on the issue of FMCSA/US DOT mandate of keeping medical records (the DOT physical long form) being part of the proof of compliance by the USDOT/FMCSA for their operating authority, This on top of the sleep apnea, drug rehabilitation and other medical issues that have to have the company knowledge for safety/insurance/compliance reasons, there is no regulations that specifically say who is or is not allowed access to company information. The one issue that gets me when HIPAA is brought up is that it only covers the provider to a small extent, if it did cover a lot of the cases when the law was being written (and later taken out), we would see a lot of these issues gone - like chain of custody issues with medical records, there really isn't any coc guidelines. A lot of offices have you sign that you were explained your rights and so on, when I ask them to explain it which they get it wrong.

Yes I agree with you, that's his information and he can request it or his PCP can.

I left the quote whole because I got distracted and hit post, I'm running on generator power since Friday and had to switch fuel tanks on the generator - thank you DTE.