I am a type 2 diabetic who holds a commercial drivers license. I had my required DOT physical and passed with flying colors and received my medical card for 1 year. 2 years is normal but 1 year is common for someone in my situation. However 3 weeks later I received (via my company's safety director) a new card valid for only six months. Seems the company's contracted medical examiner contacted my personal physican and obtained my medical records.He then changed my medical clearance from 1year to 6 months without a new exam.I know I have signed a paper at my doctor that only allows my records to go to my wife and insurance provider.Who is in violation here?

First, it's HIPAA, not HIPPA.

Second, the party that released restricted medical information is violation. That would appear to be your Physician.

Are you positive you never signed a release authorizing your employer to obtain medical information? If so, there is no violation.

HIPAA aside, most trucking companies are getting very hinky lately when it comes to drivers having accidents in their trucks costing the company's insurance rates to sky rocket. The company is just trying to cover it's behind the only way it can to appease their insurance company. Commercial rates are out of this world for trucking companies now.

You being a diabetic means that you are at greater risk for a moving accident according to some insurance carriers. Having your medical card for 6 months should not be an issue. I could almost guarantee you that you signed something with your employer that allows the insurance company to have access to your records otherwise the doctor's office would not have sent a copy to the insurance carrier. Anytime I requested medical records from a doctor's office they insisted on a signed release. Don't see it happening any other way.

If you don't want your medical condition to dictate your job, then you need to get into a different line of work.

The insurance companies(mine or theirs) are not involved.This is simply a DOT certified doctor whose services are purchased by my company to perform the exams.However your answers have me thinking there could possibly have been some type of release in the several pages of forms you are handed in there before the exam.I was just curious about this subject and probably let it slide since I have held this job for 33 years.Not worth the hassle. Thanks for your thoughts!

Just WHO do you think pays for the DOT doctor to examine you? Your company does. The company must strictly adhere to their insurance carrier's guidelines and policies. I worked for several trucking companies in various capacities, one of which was in the Safety Department, so I think I know where I'm coming from. And yes, you could very well have signed the forms releasing the info back to your company's insurance carrier. When you are a professional driver basically your medical records are always readily available due to the very reason you are on the highway with an 80,000 lb loaded vehicle capable of causing extreme highway mayhem.

Glad to hear you have been a driver for 33 years. Apparently your diabetes is well under control.

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Originally Posted by cashcow

The insurance companies(mine or theirs) are not involved.This is simply a DOT certified doctor whose services are purchased by my company to perform the exams.However your answers have me thinking there could possibly have been some type of release in the several pages of forms you are handed in there before the exam.I was just curious about this subject and probably let it slide since I have held this job for 33 years.Not worth the hassle. Thanks for your thoughts!

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I agree it's not worth the hassle and I never have a problem with a legit question, which is what you have.

My opinion is that somewhere in that paperwork there is a release - particularly if the company is paying for the exam.

Any other questions, fire away.