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1. #FLMCSR MEDICAL FILE DRIVER QUALIFICATION HIPPA DRIVERS#
2. #FLMCSR MEDICAL FILE DRIVER QUALIFICATION HIPPA FULL#
3. #FLMCSR MEDICAL FILE DRIVER QUALIFICATION HIPPA PROFESSIONAL#

Just because a condition might be DQ for a Dot medical card does not rise to the level needed to meet the HIPAA release requirements. Many states reporting by medical professionals is voluntary and the only protection is for civil liability. In those states absent a statute requiring reporting you have a HIPAA violation. Many states have no medical conditions reporting requirements. Which specific conditions can and should be reported to SDLA varies. Unless the state has a statute requiring reporting of medical conditions there would be a HIPAA violation.

#FLMCSR MEDICAL FILE DRIVER QUALIFICATION HIPPA PROFESSIONAL#

Whether or not a medical professional can release PHI to state licensing authority is a state specific question. Under NO circumstances absent a HIPAA release from the patient can a medical professional release information to an employer. Furthermore the release shall be limited to only that information necessary to mitigate the risk. In this case the release of PHI is limited to “enforcement agencies able to take action to mitigate the risk to the public “. HIPAA restricts the release of PHI to ONLY when the patient presents an imminent hazard to the general public. Public safety trumps HIPAA concerns in these instances” You may even remain anonymous if desired. “Confirming with FMCSA, you may alert the employer and the state DMV and report directly to FMCSA. While FMCSA may have an opinion HHS-OCR enforces HIPAA and your answer creates a HIPAA violation. From a patient advocate perspective your answer here has issues. These views are his own and not of Dedicated Sleep):įyi. Bob also works part time as Driver Liaison for Dedicated Sleep, a firm that handles sleep apnea testing and treatment in transportation.

#FLMCSR MEDICAL FILE DRIVER QUALIFICATION HIPPA DRIVERS#

Then I got this response from Bob Stanton, a highly respected driver advocate (himself a trucker), with whom I have discussed other driver health related topics (Bob is Co-Coordinator of Truckers for a Cause, A patient support group for truck drivers with sleep apnea. Public safety trumps HIPAA concerns in these instances. This was my answer, but did I use the term “trumps” inappropriately?Ī: Confirming with FMCSA, you may alert the employer and the state DMV and report directly to FMCSA. In addition to this is there an obligation to notify his company? Or the DOT? I advised them to inform the driver he is not qualified to drive, must see his DOT medical examiner, and document this in the record he has been informed. During the course of the urgent care visit the provider became aware the patient was a current DOT driver.

The driver sought urgent care treatment for a injury that occurred secondary to a self reported seizure and known seizure disorder. Marie and Suzanne wonder: Q: Was wondering what action a health care organization should take if they become aware a DOT driver has a disqualifying condition and still driving. It is also common practice for a motor carrier, claims professional, or their counsel to produce all the documents contained in the driver qualification file, inclusive of any medical examination reports and medical examiner’s certificates.Driver with a Disqualifying condition – FMCSA vs. In trucking litigation, it is common during the course of claims handling, pre-suit discovery, or written discovery following a motor vehicle accident for a claimant to request all medical examination reports and medical examiner’s certificates in the driver or motor carrier’s possession or contained in the driver qualification file.

#FLMCSR MEDICAL FILE DRIVER QUALIFICATION HIPPA FULL#

I have provided an excerpt below, but the full article can be read at Claims Management‘ s website, here.

My recent article, “Driving While Exposed: The Applicability of the HIPAA Privacy Rule to DOT Medical Examination Records”, has been published in the March 2016 edition of The CLM’s Claims Management magazine.