Employer wants private medical information from routine Dr visit

Tell them to kiss your ruby red umm nose that's it LOL.
Here's where FMCSA states that ALL employers MUST comply with HIPPA Will my employer have access to my medical evaluation?

 

Generally correct. But not totally. Big time grey area because of language in 391.43 a carrier has the right to access that long form. We can go around and around with this all day. However a driver will lose their job as well as any later possible lawsuits when it comes to fitness to drive issues. The FMCSA correctly is advising to get releases. I agree with this. However if you refuse that release you might as well go home.

 

Ya know we can beat this horse all day but it's not going to go to both sides of the water trough to drink. He's a DEAD horse. The bottom line is the guy went to the DR for a checkup, he got a note to protect himself and his company. The company got nosy and shouldn't have. Just because you work for someone doesn't mean they OWN you, that's the government. End of story. BTW there are plenty of jobs out there, don't cha know there is a "driver shortage" I read it on the internet so it must be true!
Happy Trails to all.

 

I was discussing this topic with some friends at breakfast this morning. I was reminded by another friend of the Privacy act of 1974. I entered the Air Force in Dec of 1975 a few months after this act become effective. basically the act covered things dealing with information asked for. Then what happens if you chose to not provide it. I had to sign a privacy act form at my AF Recruiters office. Somewhere in my records I still have a copy of that form. I will never forget the bottom part of that form. It said if I don't release the information for those 1966 forms any offer to join the AF would have to be denied. Watch these privacy act situations when it comes to complying with release forms. Just saying!

 

I could not agree more. In this narrow case the carrier was wrong. However you are not going to find many good carriers that will make job offer if you don't sign releases.

 

Thank You for your service

 

This is the bottom line. I'm sorry but you are not going to like it. In a balance between a Drivers right to medical privacy in those area's where fitness to drive are concerned will always have to defer to public safety concerns. This is codified in all the privacy laws. Most carriers are not going to give you a set of keys until they are satisfied you are fit to drive. Regardless of the privacy laws. If they ask for release so this information can be obtained and you refuse to give said release in most situations YOU are going to be disqualified then finally fired. Keep standing on privacy issues and you will be flipping burgers. I'm sorry for privacy advocates like the OP this sucks, but it is just what it is!