Employer wants private medical information from a routine Dr visit
Tell them to go pound sand.
Employer wants private medical information from routine Dr visit
Discussion in 'Questions From New Drivers' started by Matt43324, Nov 8, 2018.
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Aamcotrans Thanks this.
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NightWind Thanks this.
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Not to nitpick, but why didn't you just schedule this "routine" visit on a day off, instead off putting the carrier in a bad light by being late on a load?
gentleroger Thanks this. -
Matt43324 Thanks this.
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Tell them if they have a concern for your health to send you to a company doctor for an exam, don't answer any questions make the dr do the exam and labs and let the company pay for it
Matt43324 Thanks this. -
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As for his recent visit to his physician, they are only obligated to know if he is fit to come back to work. He has a valid medical card.
His medical card was no good if & while he was not medically fit, IF that was the case. lets say he did have a heart transplant. His medical certification was no good during this period because he did not meet the requirements by DOT per his Cardiologist (unfit to perform his duties). Once the Cardiologist replaced the heart, examined him & determined he was fit to work, his DOT medical status was still in effect because nothing changed except his heart & his cardiologist stated his heart was fit. Nothing else changed. His vision, hearing, raising his arms above his head, still has all limbs etc, etc, etc. Nothing changed except his heart & his cardiologist stated he was good to go based on what changed.
In the end, a company can not ask for you medical records period. All they are allowed to have is whether he is fit to return to duty based on DOT rules outlined in the DOT physical regulations.
Again, HIPAA covers ALL medical records.
If his company wants his medical records, they will have to have their attorney file a law suit & ask the court to order them released. There is no where that says a company has a right to your medical records.
Now, having said that, you have to reveal certain medical info for the DOT Physician to get the physical. BUT, that is a physician doing a medical exam. That is far from your company having you medical records.
If his company wants him to retake his DOT physical, they should have to pay for it since he already holds a certified medical card from a DOT medical examiner.Last edited: Nov 8, 2018
sevenmph, Sirscrapntruckalot, Dan.S and 1 other person Thank this. -
That's invasion of privacy! None of their business, its confidential.
So, how's the weather in North Korea? -
It's just everyone shouting HIPPA violation is wrong though. HIPPA, like you stated, only applies to what the medical professional can do with the records. If I sign a release, I can specify the records be released to the bum out there on the street and the doctor can give them out, but only to that specific bum I indicated on the release form. Same applies with the company I work for. I can sign a release to let them see all my information. I think only a fool would, but that's a different argument.Sirscrapntruckalot, Dan.S and Matt43324 Thank this.
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