Got flagged for a Sleep Study today, told him to stick it where the sun don't shine.

I didn't want to accuse you of being fat or anything but if you are overweight then becoming not-overweight would be the best way to make this not be an issue in the future.

 

You aren't going to. Your best bet is to have a water weight test done

 

I guess you don't. Probably nothing to worry about anyway from the sounds of it.

 

Whats amazing is that there is NO FMCSA legislation to have a mandatory sleep apnea test. Its a racket that doctors are conning drivers into having. I buddy of mine had a similar experience and the doc said the test would cost $3000!! Yeah right.....so he baled and went elsewhere. Ive just got a new 2 yr card and Concentre had a the gall to measure my neck just to see if I "qualified" foe a OSA test.luckily I'm pretty slim and fit but WTF!! The Govt make such a fuss about sleep apnea but apparently it only affects Truckers. They have no plans to test ALL drivers on the road.. Discrimination?

 

Just the latest harassment of drivers who don't fit a particular size. Remember: people are often afraid of common sense. There are millions of Americans who are different sizes than one another. Join OOIDA and let your voice be heard, don't try to fight this problem alone.

Also, if you feel you have been damaged or had your rights violated consult with an Attorney who can evaluate your case. Bullies bully weak people because they have gotten away with it in the past. Would you allow someone to push you around and make you feel small and ashamed of something based on faulty facts or evidence? --if so YOU might be next.

*************************Confidence means strength******************************
Don't get pushed around, fight for what's right


One very important thing to keep in mind: Your health information is privileged information between you and your medical provider, just like conversations between you and your attorney. Research HIPPA violations and their implications.

Knowledge is power. (see above about confidence)

 

Better hope that 1st Doctor doesnt send your info to your licensing state or employer....this sleep apnea is way way over blown....I have had a machine for 25 years...when I went O/O with a mega they wanted a new sleep study...I found out they now make a machine that adjusts to your sleep...from the mega 1500 dollars online 450.00 and you never have to have another study.

Be Safe Out There

Captain Dave

 

Just an FYI - the FMCSA doesn't do legislation they do regulations.

That said, I get what you are saying. This all came out of a study that the U of V made which didn't look at sleep as part of a problem but made mention of a number of accidents happened because of fatigue - only accidents with drivers of cars and light trucks were looked at AND the question of sleep or being tired for any reason was never asked by the officer or in the reports, it is only when it was noted as being obvious.

My nightmare is I had to go to concentra for the last few years and every time I had to deal with a PA who demanded something or another. This year I am going somewhere else and not dealing with the sleep apnea thing. Tuesday I went to see my doc who treats me with this, she was on the DOT board who came up with the first regulations and left out of disgusting crap that went on. She told me I don't need another sleep study for a long time - insurance until this year said I needed a two year test. Now last year I had to have a year's worth of data, and then I had to deal with a diabetic inquisition by the PA to the point he was arguing with my doctor who treats that problem. SO now I have my letter from my sleep apnea doc and a letter from my other doc telling the next examiner that they are caring for my condition, satisfied with the results and will continue to do so and in their view, I am able to drive with no restrictions.

If I end up with another 30 day physical where I have to deal with the crap as I did for the past years, my wife suggested I just suspend my CDL and work on the business.

Your knowledge is flawed.

There is an exception to HIPAA that allows everyone involved who worked under the DOT regulations to see and transmit your information for business purposes. This means that your medical info is sitting on someone's desk and someone comes by to look at it, there is no privacy and protection under HIPAA

The only thing is that the clinic can not talk about or give that info to just anyone.

 

Sorry you feel my knowledge is flawed my friend. now let's examine your response, just as I would examine anyone's response if I was involved in any other legal case...(wink)

You said " There is an exemption to HIPPA that allows everyone involved..... does this mean the mechanic who walked by and looked at medical information (mechanics work under DOT regulations performing safety sensitive functions)....could you please quote the federal regulation that allows this exception....an exception that, you quote..."This means that your medical info is sitting on someone's desk and someone comes by to look at it, there is no privacy and protection under HIPAA"...as you stated sir. So is it correct you, Ridgeline, state there is some mysterious exception that allows "everyone who worked under the DOT regulations"...as you put it to not only see, but transmit my "information" (do you mean medical information?) for business purposes...and not only "transmit for business purposes" but also an employer who left my protected medical "sitting on someone's desk" to come my and look at at, postulating my medical information that is not protected from the patient to the medical practitioner, is somehow now allowed to fall below the standard of care in relation to protected medical information originating from "This exception" you indicate. Again, please produce the federal regulation that allows an employer to damage me, I welcome the opportunity to educate people all the time.

What you stated I could argue, yes in court if I was the one damaged, is a breach of fiduciary confidentiality IF that breach caused me damage and I could prove that damage to a judge and jury. As the facts of the case were to provide more additional breaches and falling below the standard of care to protect my protected medical information from being transmitted "for business purposes" as you put it Rideline, I would file additional counts to the original filing much in the same way Prosecutors file several criminal counts with a series of crimes that stem from a single criminal interaction that develops in to several completed crimes.

But, please by all means Ridgeline, could you please produce the "exception" that allows a private party to damage another private party that does not expose civil liability to the party who damaged the other? What Federal jurisdiction (circuit) do you feel your case would prevail?

I'll wait right here while you gather your thoughts and evidence--- I've assembled mine in the post that follows this one...BTW..it's these kinds of mock cases where I sharpen my negotiation skills aside from being an o/o.

Also, Ridgelne, please understand this is all business, if I were to meet you in person we may even be friends, professional interaction has no bearing about how I feel towards a person on a personal level just like how Prosecutors can be friends at lunch with Defense Counsel, but when they return to the courtroom, they argue their case with professional style and vigor!