Question regarding TWIC card and hospital records

Discussion in 'Questions From New Drivers' started by New2truckya, Mar 3, 2016.

  1. New2truckya

    New2truckya Bobtail Member

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    Mar 3, 2016
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    I need a TWIC card but one of the things that disqualifies people is being admitted involuntarily to a mental health institution. If I say this hasn't happened, will they find out anyway? It's my understanding that hospital records are private information and should only be given to the government if they are suspicious about something. I don't think I will give them any reason to be suspicious.
     
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  3. HaulIt

    HaulIt Bobtail Member

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    When the TSA checks your background they find out everything.

    But I think you may be confusing this with when you have been convicted of a disqualifying criminal offense AND been convicted by reason of insanity.

    You should read the TSA website regarding TWIC application, especially the part about disqualifying offenses.

    Google search "TWIC disqualifying offenses". It will take you right there.
     
  4. w.h.o

    w.h.o Road Train Member

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    Chicago, il
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    Here, let me Google it for u.



    . Who has access to my health records?A. Many more people than you would ever want, including people outside the health care industry.

    • Insurance companies
    • Government agencies especially if you receive Medicare, Medicaid, SCHIP, SSI, Workers Comp or any local, state or federal assistance
    • Employers
    • Banks, Financial Institutions
    • Researchers
    • If you are involved in a court case, your health records can be subpoenaed and available to the public
    • Marketers
    • Drug companies
    • Data miners
    • Transcribers in and outside the U.S.
    • Many health websites collect information about you
    Q: Can my personal health information be used and disclosed without any notice to me or without my informed consent at the time of treatment?A: Yes.

    The Amended HIPAA Privacy Rule states only that you must receive a Privacy Notice telling you how your personal health information will be used and disclosed. Section 164.520(c) (2) (i) (A).
    Privacy Notices are often mistaken for consent forms, but they are simply notices telling you what will happen to your medical records.
    Example: information about a depressed person’s attempted suicide and hospitalization can be used and disclosed without any notice to him/her without his/her consent and even if he/she objects.

    Q: Can my insurer or employer get my health records without my permission?A: Yes.

    https://patientprivacyrights.org/basic-health-privacy-faqs/#WhoAccess



    To answer ur question, yes
     
  5. New2truckya

    New2truckya Bobtail Member

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    So I shouldn't even bother going to the appointment? Or should I give it a shot anyway?
     
  6. New2truckya

    New2truckya Bobtail Member

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    Mar 3, 2016
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    Haullt just noticed your reply and yes u r right, I think I am confusing the two.. it just asks if I have ever been admitted to a mental health facility involuntarily and I said no even though I have. (For fear of being rejected) But I don't think I saw anything saying that would disqualify you. So thanks.
     
  7. Moose1958

    Moose1958 Road Train Member

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    If you need the TWIC card you should apply. All you have to lose is the fee.
     
  8. HaulIt

    HaulIt Bobtail Member

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    If you apply and are rejected there is an appeal and a waiver process. There are guidelines for both on the website. You would have to be a loon or a bad criminal that hasn't learned their lesson to not be granted a TWIC. Unless you had crimes on the never gonna get a TWIC list, which are listed on the website.
     
  9. Prof.Gringo

    Prof.Gringo Light Load Member

    First of all, please disregard the incorrect info posted above. DHS doesn't have access to your medical records. That is false.
    You need to understand if you have been committed to a mental institution there is actually something like a court record that will be available to all Law Enforcement in the USA- NCIC is going to have that info and it's kept by the FBI/DOJ.

    Being held for an involuntary hold for 72 or 48 hours does NOT disqualify you from a TWIC Card! Only being committed past such a time period (means it went before a judge and they ordered you held).

    Remember, CFR's are YOUR best friend NOW! Learn to use them well!

    https://www.law.cornell.edu/cfr/text/49/1572.109

    49 CFR 1572.109 - Mental capacity.


    § 1572.109 Mental capacity.

    (c) An applicant is committed to a mental health facility if he or she is formally committed to a mental health facility by a court, board, commission, or other lawful authority, including involuntary commitment and commitment for lacking mental capacity, mental illness, and drug use. This does not include commitment to a mental health facility for observation or voluntary admission to a mental health facility.
     
  10. Moose1958

    Moose1958 Road Train Member

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    I was also thinking along those same lines.
     
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