Employer wants private medical information from routine Dr visit

Discussion in 'Questions From New Drivers' started by Matt43324, Nov 8, 2018.

  1. bigjoel

    bigjoel Road Train Member

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    Employer wants private medical information from a routine Dr visit

    Tell them to go pound sand.
     
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  3. Matt43324

    Matt43324 Light Load Member

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    Would you mind posting that part of the FMCSA regulations that states HIPAA does not apply?
     
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  4. Matt43324

    Matt43324 Light Load Member

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    Legally speaking HIPAA is only applicable to medical professionals. Ie your doctor can't go out to the bar and say yeah this one dude Jeff had this huge case of anal seepage and such. But at the same time I do expect my employer to respect my privacy. Granted I'm pretty sure Warner is employment at will at the same time warner is not the only carrier on the roads.
     
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  5. Scooter Jones

    Scooter Jones Road Train Member

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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?
     
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  6. STexan

    STexan Road Train Member

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    If you're referring to my earlier comment ... I don't think the OP said this happened (late on a load) or did he?. I was just speculating on possibilities and throwing out a what-if scenario
     
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  7. p608

    p608 Road Train Member

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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
     
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  8. Matt43324

    Matt43324 Light Load Member

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    Where did I say I was late on a load? I simply requested a half-day, as in schedule me for a load that picks up around noon....
     
  9. Grumppy

    Grumppy Trucker Forum STAFF Staff Member

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    I respectfully disagree. HIPAA covers all medical records. Now, if they want him to go back & have another DOT physical done, they can have him do that but they cant ask him what his medical conditions are. The only thing they are obligated to know is whether he is fit to perform his job per DOT regs. Period.

    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
  10. Jazz1

    Jazz1 Road Train Member

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    That's invasion of privacy! None of their business, its confidential.
    So, how's the weather in North Korea?
     
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  11. ZVar

    ZVar Road Train Member

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    Very true, I guess I should have expanded on what I said. I know HIPPA very well, as I used to do IT support for a hospital. We had to take classes on what is and is not covered and the ramifications if everything is not done right.

    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. :)
     
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