What am I legally required to share?

Discussion in 'Trucking Industry Regulations' started by FloridaTWL, Oct 9, 2019.

  1. Tx Countryboy

    Tx Countryboy Road Train Member

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    I had dot pull me in checking my medical card 5-7 days after renewing. Every time.
     
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  2. ZVar

    ZVar Road Train Member

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    This has shown to be a false statement multiple times. Please stop posting it as the truth. Someone might actually believe you...

    The closest is the regulations state the medical examiner is exempt when talking to the carrier. That is all. The medical examiner cannot talk to the primary care physician without authorization, nor can the carrier talk to the primary care physician. And unless you have prof, I've not been able to verify your assertion that it's been tested in court. Heck, all the opinion pieces I could find on the subject of a medical examiner talking to a carrier says it's a grey area and get a HIPPA waiver just in case. Nothing I've found gives a blanket exemption of HIPPA,
     
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  3. thelushlarry

    thelushlarry Road Train Member

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    Don't ask don't tell.
     
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  4. nikmirbre

    nikmirbre Road Train Member

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    When I done my Medical card back in January at a Target that had a quick care in it, she asked me about a medicine I took 2 years ago ...... and I don't have a regular doctor that I see. She asked me as she looked in her computer.
     
  5. Tx Countryboy

    Tx Countryboy Road Train Member

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    Federal document some put false info on. Probably prison time if u have a wreck & they find out you falsified it.
     
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  6. Tx Countryboy

    Tx Countryboy Road Train Member

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    So more unsafe drivers out there. Smart move.
     
  7. thelushlarry

    thelushlarry Road Train Member

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    They are everywhere. What is one more?
     
  8. HoneyBadger67

    HoneyBadger67 Heavy Load Member

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    Not having a primary care provider, I have nada to worry about. Haven't seen a doctor in over 10yrs save for walking into occ health for my 2yr card every March/April.
     
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  9. Ridgeline

    Ridgeline Road Train Member

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    That's right, the problem comes into view with the fact that if you list prescriptions on the form, it has to come from somewhere.

    As for hipaa, I read a lot of bulksh*** about it and one of the places that has a lot of information is the internet websites created by lawyers. the exemption is actually discussed by the lawyers on their websites and in their journals but no one has yet applied it from the driver's side to protect their medical records. Their position is that it takes a release to allow the company to obtain and retain the medical exam (long form) which has - as one lawyer out it - less to do with hipaa than it does other state and federal privacy laws, this lawyer also pointed out that hipaa has very little to do with privacy and more with provider handling of records.

    One of the overall recommendations (which is boiler plate advice most likely derived to be presented at a conference) for the company to select the examiner who the company can trust to do the due diligence for the company, which goes against the best interest of the driver, and puts the company out of the loop in maintaining record privacy.

    Companies can have policies to have their driver go to a specific examiner, but they also may have a policy that the long form (or copy of) sent to the company for record keeping reasons, which is changing and that's a good thing.

    About hipaa, it applies to medical providers, not companies and it has no means to be applied to anyone outside of the medical provider. It also does NOT apply to internal discussion or discussion between two providers, contrary to the myth that two providers can't discuss specific details about a specific patient is just bs. And medical providers include the doctor, nurses and any other employee of a provider that has something to do with medical care.

    The medical records that a company has is only protected under hipaa for one issue, retaliation due to a medical condition, one reason why it is written as it was. The courts have ruled this is a serious issue and has sided with employees when retaliated against by a company due to a medical condion.
     
  10. UturnGirl

    UturnGirl Road Train Member

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    Please let me second this with a mini-rant of my own. In 2009 I had a ruptured appendix which necessitated an illiechtomy. I must take Imodium every day (Dr. recommended) which is OTC. However, meth heads discovered that massive dosage will prolong and intensify the high. Suddenly my daily med is tripled in price and available only in small quantities.

    Makes me mad. Maybe we should let Darwinian natural consequence have it's way with meth morons.
     
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