An employer requires a doctors note to bring an insulin pump to work (vs. HIPAA)

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An employer requires a doctors note to bring an insulin pump to work (vs. HIPAA)


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Old 03-14-2015, 15:09   #1
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Default An employer requires a doctors note to bring an insulin pump to work (vs. HIPAA)

I am a Type 1 Diabetic that recently received an insulin pump in the mail. I have a few weeks until I'll be using the pump and in the meantime, I am trying to sort this out -- I have an employer that forbids electronic devices from going beyond the security checkpoint. It is a call center and they have this checkpoint in place so that no sensitive information (such as credit card numbers/etc...) can possibly leave the floor.

I spoke with Human Resources and they require a doctors note. My doctor did not write this note because she wants to know how this can be done without violating the HIPAA Privacy Law so I'm being re-directed back to Human Resources.

Anybody ever been in a similar situation?

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Old 03-14-2015, 16:36   #2
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As I'm not a US resident I do not know the details of your privacy protection laws but here's my take.

Your doctor is running scared of being sued by you, or possibly by your estate, for a breach of privacy and isn't prepared to write the note without some protection from this risk.

The only protection I can think of is that you provide her with written instructions and an explicit authorisation to write the letter.

You may need to discuss with the doctor the exact nature of the assurances that your authorisation should contain.

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Old 03-14-2015, 16:46   #3
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You're running into an area where two laws, HIPPA and ADA, intersect. I'm afraid this will not be an easy issue to get resolved as each side will be looking after their best interests and not necessarily yours.

I'm just wondering why a medical device is considered a security risk?

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Old 03-14-2015, 19:49   #4
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Check my post on your earlier entry. If pumps can go through airport security, it should be able to go in a secure area of your workplace.

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Old 03-14-2015, 19:53   #5
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Originally Posted by JT Reagan View Post
Check my post on your earlier entry. If pumps can go through airport security, it should be able to go in a secure area of your workplace.
Honestly, HIPPAA is a joke. It's hard to not notice an insulin pump. Like "shooting up" with insulin, I refused to hide mine. I will wear my insulin pump out in the open too to give ppl awareness.

In my opinion, not that it's worth much . . . you are being discriminated again. Check the American's with Disabilities Act. You may not think you are disable, but apparently since you can't wear your insulin pump to work without special permission, I would consider that a disability. They can't deny you that.

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Old 03-14-2015, 21:24   #6
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Umm I dont understand what HIPPAA has to do with it. YOU are asking for the letter, The MD is going to give you the letter. What you do with it is not his concern.
If your employer called the MD then NO the MD cant say anything. BUT YOU are asking for your Medical info There should be no problem.

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Old 03-14-2015, 22:49   #7
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The doctor does not need to state your diagnosis or what the purpose of the device is. All the doctor needs to do is write a letter that this is a prescribed medical device and you need to have it with you at all times.

Don't let people make mountains out of a molehill.

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Old 03-14-2015, 23:34   #8
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Quote:
Originally Posted by demarkin View Post
I have an employer that forbids electronic devices from going beyond the security checkpoint. It is a call center and they have this checkpoint in place so that no sensitive information (such as credit card numbers/etc...) can possibly leave the floor.
And so...the world gets stupider and stupider. Would they make you leave a hearing aid at the checkpoint counter? A pacemaker? Neither of those devices have the ability to scan, video, or audio record...and neither does an insulin pump. Trust me...if someone wanted their information...in this day and age of computer hacking...they'd take it.

I suggest you go higher up in Resources. Talk to someone who doesn't just sit and answer the phone all day. In everything in life...there are exceptions. Be your own best advocate...short of getting fired, of course.

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Old 03-20-2015, 16:34   #9
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I agree totally that an insulin pump is a medical device that must be on you at all times. I don't know that the doctor has issues of violating HIPAA per say either. The doctor does not have to divulge your diagnosis or what the device is specifically. They can just indicate it is a medical device that is required to be worn by you at all times.
You may want to get specific information from the manufacturer of the pump as well indicating that the pump does not have the capability to record information from external sources.

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Old 03-20-2015, 16:40   #10
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Quote:
Originally Posted by Bounty View Post
And so...the world gets stupider and stupider. Would they make you leave a hearing aid at the checkpoint counter? A pacemaker? Neither of those devices have the ability to scan, video, or audio record...and neither does an insulin pump. Trust me...if someone wanted their information...in this day and age of computer hacking...they'd take it.

I suggest you go higher up in Resources. Talk to someone who doesn't just sit and answer the phone all day. In everything in life...there are exceptions. Be your own best advocate...short of getting fired, of course.
Believe it or not, I was made to leave my hearing aid at the scanner desk when I went into our local courthouse to pay our real estate taxes.

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