The Applicability of the HIPAA Privacy Rule to DOT Medical Examination Records
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. 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. But if there is a Department of Transportation (DOT) Medical Examination Report contained in the driver qualification file, is the motor carrier, claims professional, or their counsel violating the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule by disclosing protected health information?
