Employer wants private medical information from routine Dr visit

Unless the visit would disqualify your medical they have no right to know anything about it. If it impacts your medical then you would be obligated to consult with a DOT medical examiner. In plain English, the carrier has no right to any medical information about you other than if you have a valid medical or do not. HIPPA protects your privacy only to the extent that your information is not shared to people that have no business with it. It is very restrictive, but not if you offer the information.

If you are no longer medically qualified per DOT regulations for medical reasons to operate their vehicle you would have to notify them. Under no circumstances should you be bullied into sharing private medical information that is not related to your DOT qualification. If your medical remains valid you should inform them as such and document all communication for a potential lawsuit.

All that being said, whatever company you work for sucks. Could you sue them, probably. Do you want to bother, probably not. Find a better company. Ask @Chinatown for some suggestions on where to go.

 

I by nature am a pessimist who completely trusts maybe 4 people currently living in the world today. And I question anyone who presents himself initially as “asking for guidance and clarification” but then later ends up sounding as if they are primarily seeking validation and/or empathy from peers.

If my distrust of stories that seem abbreviated or might contain many omissions makes me a bad person then a bad person be I.

 

I don't say stiff, but sometimes I do say stuff.

I am just as entitled to my opinion of a subject as anyone, even you. I only responded to the information that was given by the OP, nothing more.

If you want to attack me for it, well, I really don't care.
You are just such a nit.

 

There is something about this situation that is bothering me. I was speaking to someone I know that is now retired from a carrier. I was asking them about this request for information. I was a few minutes later gave two FMCSA sections to think about. Granted these sections are OPEN to interpretation and I will admit I am not anywhere near qualified to make an official one. The first one is 391.41 (B) (3) (i)

Now the above seems innocent enough! You can't drive a CMV unless you meet the qualifications outlined.
Now stay with me a minute more. lets look at §391.45 now. Specially section (c)

These 2 sections I just quoted. That last sentence stood out. Who is the final judge? Would a carrier who had a driver go to a doctor be automatically wrong to just assume said driver is still qualified medically to drive? Now for the record I only have one side of this situation and can only go by that limited information. I do think a carrier has the right to want to verify that their driver is still cleared to drive. To make sure no medications that might effect said driver was prescribed. I say they have that right, but was it a legit fear? I don't really know. Trucking a a VERY heavily regulated industry. The Federal Government plus all the states regulate this business. These regulations have changed so much I sometimes can't keep up. On this matter I don't think I agree with the carrier actions, but I do agree they had a legit concern. At least they understand the medical privacy laws. Not really sure what else to say. However there is one more general thing. I am also someone that is highly principled when it comes to my privacy and my honesty. I once tossed a urine cup back to a nurse at the VA because i did not like to be called a liar. I don't do drugs and i don't need to provide a sample to prove that. However that stand cost me one of my pain meds. So I understand principal, honestly I do. However (I make no accusation here) if you are hiding something behind those HIPPA privacy laws, and that thing directly effects your driving safely? Well I just hope you don't come to regret this. I'm going to back out of this topic now unless something else is brought up. i said my peace!

 

The OP 'seemed' to request an unusual thing - delaying the next load for a doctor visit.
The OP also stressed that he had a letter from the doctor that he was OK to work.

No one needs a letter from a doctor for a routine visit, do they?

The fact that he had to tell his company that he needed to go to the doctor and would not be able to take a load until later in the day (during a normal work day) is reason enough for the company to request more information from him - in my own opinion.
And obtaining a letter of clearance from the doctor for the 'routine' visit before the company asked for anything is another point of suspicion.

 

If all of you lawyers don't quite down in here I'll charge all of you with contempt. And you can spend the night in clink.

 

The OP got a DR. note clearing him for work, that's all that is needed, many company's require notes, for an unscheduled absence.

 

I agree to a point but not wrong because it is right in the law.

The exam is not limited to just the exam, the examiner can talk to the PCP or other treating physicians to make a determination for fitness to drive and really there is a legal reason for a release.

The rub in this case is the release to work from the doctor in the OP's case.

That opened the door for the company to ask why, while it is his right to refuse to say it is theirs to refuse to let him drive until he can prove otherwise or have another exam to provide proof.

He can't stand on the grounds of privacy, the company has to know why a release was issues and they have to judge whether or not the drive poses a threat while driving.

HIPAA doesn't cover the privacy of and within the company, it does the examiner and the docs but then if the company sponsored the exam - paid for it - then there could be an expectation that the exam info is released to the company. As the exception of the law is clear, it is there to ensure that the US DOT/FMCSA regs are followed to ensure the safety of the public.

HOWEVER the changes to the FMCSA record keeping requirements made a few years back and being slowwwwwly implemented doesn't require the company to have the long form, just the certificate - with the exceptions of any waiver given to the driver by the FMCSA (which means in that case the company has access to all info pertaining to the waiver and the driver's condition).

At this point the certificate is the only thing that the company needs, and that will be soon obtained through the state MVR.

One thing that has yet to happen is that there has yet to be a court case for a US dot regulated driver to fight a company or examiner under the protections of HIPAA. This is significant due to the fact that there are no limitations in the law other than an exemption for anything related to the fitness of the driver to preform safely. Any lawyer who has this specialty will tell you there won't be unless there is a lot of abuse of it, and there hasn't been.

 

Simple enough, got a note ok to return to work. Company doesn't like it, ok come pick up your equipment.

Now after reading all this my brain hurts, and I'm going to have to see a doctor. Thanks