Employer wants private medical information from routine Dr visit

Specifically from fmcsa Are the DOT medical examinations covered by HIPAA?

Are the DOT medical examinations covered by HIPAA?
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. Health Information Privacy

So even FMCSA says it's a grey area. I will add that when I get a physical or even a random, I sign a release form...

 

I just finished a post about judgment making. NO law has been broken. A carrier is perfectly within their rights to ask for an authorization for medical records. The medical provacy laws are BEING FOLLOWED not violated. (won't let me drive bc I will not authorize the Dr to release the information on the nature of the visit, procedures and medication). The OP has a choice here. Either comply with this request or find another job. If this safety dept has a legit concern they are well within their rights to request this.

 

You actually are VERY correct. The medical privacy laws are total. With some limited exceptions a release is needed. HOWEVER be careful with this. Under FMCSA rules (they do trump HIPPA) ONLY a DOT medical examiner can release to a carrier without a release. However IF a driver gets any information and makes it part of that DOT exam it is now part of that exam and can be released.

 

Go see the hr person. Don' look at them, look down and around. Then him and haw as you tell them. Look your anniversary is coming up. You wanted to make it EXTRA special. So you wanted a script viagra. But dr said no, cause you dont need it. Its not suppoaed to be used as enhancer. Lol

 

Even better if it is an hr woman. "Dr. said no as I was already too large.”

 

There can be no such regulation because HIPPA applies, with some exceptions to all health care providers. No release no information. However HIPPA DOES NOT apply to DOT medical examiners doing a physical. This is spelled out in § 391.43. A part of this regulation has something happening on June 22th 2021. However the below is from that regulation. Pay attention to what I made bold.

This is the only FMCSA regulation I know of on this HIPPA FMCSA subject. As has been posted in here already. According to the FMCSA this is a grey area and they are advising MEs to get releases. I agree it's better to do this.


Now I am going to stop a minute and put some realville advice out there. I don't recommend a driver use HIPPA to hide behind. Next if a carrier asks for medical information you are well within your rights to say no. However don't be surprised if you are then removed as a qualified driver by them and sent home. You can stop them from getting the info, but they are not required to allow you to drive either. So where does this leave drivers in regard to HIPPA? I think right where we left it. Hey look if you took that blonde to the local motel six and got a STD your company don't care. I want to know all the juicy details, but you get my point. Where HIPPA is concerned a driver might be forced to choose to release or face the VERY REAL prospect of being unemployed. Sorry, it is just how it is. I don't see any provision in HIPPA that helps you keep your job.

 

You said this...
"It clearly does not involve them. They put a safety hold on me because I told them I needed a late pickup because I have a Dr appointment. That's all I said"

You, yourself, caused a red flag to go up by requesting a delay in your next load because you needed to get to a doctor.
You did this at the spur of the moment, and not scheduling the doctor visit on a day off or home time.

That is NOT a routine doctor visit, and it really DOES involve your company when they have to work around a special request for a doctors appointment.

 

Where did he say he did this spur of the moment? For all we know he asked for a 1/2 day 2 weeks ago.

 

Where does he say anything, really?
Little bits of information come through, sometimes.

The way it is said, it seems like he requested a half day off and a late pickup on the day of the doctor visit.
If there was that much notice there would be no reason to put him on safety hold, would there be?

 

And you know how the company works? Not even knowing which company it is even.
No, as long as it fits your narrative you are fine drawing conclusions. If it doesn't, well you like to pick on the op saying stiff like we need more information and not to draw conclusions.