Poll: Should It Be Law That Those With OSA Report It To Gov?

Post by **forumadmin** » Mon Aug 07, 2006 12:06 pm

Howdy,

In July, a New York teenager was killed by a driver who fell asleep at the wheel. The driver had been diagnosed with sleep apnea, but was not complying with treatment. Should people with sleep apnea be required to report their condition to the department of motor vehicles and/or their car insurance agents?

To take the poll, click the link below and look midway down the left of the page:

http://www.sleepreviewmag.com

Johnny

MaskedMechanic · Post by **MaskedMechanic** » Mon Aug 07, 2006 12:11 pm

This one requires some thought. Can the government mandate treatment or we can't drive? Can the government mandate a good nights sleep or no driving? My gut tells me KEEP THE GOV OUT!

MaskedMechanic · Post by **MaskedMechanic** » Mon Aug 07, 2006 12:13 pm

On the other hand, I a very sad that the young man lost his life. We all have an responsibility to be safe when we drive. This is certainly a wake up call.

MaskedMechanic · Post by **MaskedMechanic** » Mon Aug 07, 2006 12:16 pm

Hello Dave (insurance agent)? I did not use my cpap last night. Can I drive? What will be my rates if I do?

Lets not go there!

Goofproof · Post by **Goofproof** » Mon Aug 07, 2006 12:21 pm

Don't work for me, I don't allow Java Scripts? I vote no. While unfortunate, the Government, doesn't have the need to know everything about everyone. After all they don't tell us the truth, about what they the Gov are really doing and why.

People should be held accountable for their actions, and so should Governments. Jim

gulfpearl · Post by **gulfpearl** » Mon Aug 07, 2006 12:23 pm

No I donot think anybody with OSA should have to report their condition to the government. Diabetics or heart patients don't have to report, either one could cause an auto accident after suffering a heart attack or passing out because of poor blood sugar control.

Goofproof · Post by **Goofproof** » Mon Aug 07, 2006 12:25 pm

If that all happens, I'll be filling out forms for weeks. Jim

guest (jeepdoctor actuall · Post by **guest (jeepdoctor actuall** » Mon Aug 07, 2006 12:51 pm

My general response is HELL NO. However..............

If you have Medicare or Tricare insurance, the Feds already know. It's on your insurance records. What's worse yet, if your AHI is under 15, the doc had to say that you have daytime drousiness and some other goodies to get you covered.

Guest · Post by **Guest** » Mon Aug 07, 2006 12:57 pm

When they take drunk drivers off the road, I'll say maybe report osa.

MandoJohnny · Post by **MandoJohnny** » Mon Aug 07, 2006 1:09 pm

I completely disagree with the idea that OSA should be reported. First, I know this idea has survived challenges to its constitutionality, but I still think it pushes the limits of personal freedoms and privacy.

Second, I think such a law would not have the beneficial effects some people might think. Apnea sufferers who are being successfully treated are no more of a hazard than non-Apena sufferers, perhaps less. What such as law would do is provide an incentive for un-diagnosed sufferers to not get treated. I have seen an estimate that less than 10% of Apnea sufferers ever get diagnosed. What the law should do is encourage the other 90% to get diagnosed and treated. A reporting requirement would go in the opposite direction.

Third, such a law would hardly be fair. There are lots of reasons someone might have daytime drowsiness. Should everyone with RLS register? Should all insommniacs register? Should all people with high stress register? Should all people to stay at parties unitl the wee hours register? Where does it stop? The real issue here is personal responsibility. If you are drowsy, don't drive, because if you do and you can't control your car, there will be serious and life-changing consequences. But a responsible Apnea sufferer should not be penalized, especially when they are no more a hazard than anyone else.

I can only imagine the consequences for Apnea sufferers at the hands of ham-fisted legislators and insurance execs. These would probably include: Loss or restriction of driver's license and higher insurance rates for both car and health. It seems to me that the penalties for having Apnea could easily exceed those for drunk driving, because once you're diagnosed with Apnea, you would be "branded" for life as driver, without a trial. Whereas on a DWI, you can go to court and get it overturned, or just wait until the sentence expires.

krousseau · Post by **krousseau** » Mon Aug 07, 2006 1:16 pm

There are millions of sleep deprived people on the roads. I have no proof but IMO driving drowsy is probably more common than drunk driving--and people have so little awareness of the danger involved. Try to tell anyone they are impaired-it is part of the impairment-they just can't see it.
I do not think mandatory reporting is the solution unless it is much more comprehensive that just relying on restricting a select group of people. It has to encompass drinkers of alcohol, anyone on sedating medication for pain or anxiety etc, anyone with a sleep debt for any reason. We would need the sleep cops providing 24/7 sobriety/drowsiness check points at every intersection. Then there would be the drivers with serious medical conditions who might die while driving their cars.

Mandatory education re driving drowsy, a session in a driving simulator while sleep deprived-before getting a drivers license-maybe-that has a chance of saving someone.

Developing some common sense guidelines about driving when you have OSA could help-no one did any education with me when I got my diagnosis. I have done some reading and internet research since and found out some "facts" about driving drowsy that I did not know. I base my decision to drive or not to drive on what I've learned. I have set my rules for pulling over for a nap. I keep an alarm clock, pillows and blanket in the car. I go without the XPAP in the car but do have a boil & bite mouthguard and chinstrap.

Maybe that's it-mandatory reporting when it gets you the equipment to properly manage your sleep disorder-not just deprive you of driving or the means to your livelihood.

Goofproof · Post by **Goofproof** » Mon Aug 07, 2006 1:26 pm

We could all have to put a Government approved Smart Card reader on our card,(For a reasonable cost of $5,000 from our DME), that would disable our car unless we had a AHI under 5 the night before. Or maybe we could buy one online for $20..... Jim

Bookbear · Post by **Bookbear** » Mon Aug 07, 2006 1:34 pm

I generally feel that some regulation is beneficial in society. Examples of egregious abuses remedied ONLY through government regulation abound. But .... we seem to have gone overboard with governmental intrusions into private lives.

Now, this is the scary part... I agree with every point made by MandoJohnny in his earlier post.

What other purpose could such reporting of OSA have except to pave the way for increased insurance rates for OSA sufferers, or the ultimate denial of driving privileges to OSA patients? The fact that someone shirked their personal responsibility and drove when sleepy should not cause ALL OSA patients to lose their driving privileges or have insurance rates increased for no reason other than having OSA.

schmidtwi · Post by **schmidtwi** » Mon Aug 07, 2006 3:26 pm

People that are HIV positive can kill people with their bodily fluids - but they are protected from anyone finding out about their medical condition.

Wulfman · Post by **Wulfman** » Mon Aug 07, 2006 3:58 pm

Some random thoughts:
Even though I never did get drowsy while driving before I was diagnosed, I believe it's the undiagnosed apneacs and CPAP quitters who pose the potential problems......they would have to test EVERYONE....to be fair (and then re-test periodically unless you can prove compliance with your therapy).
There's also a problem with doctor/patient confidentiality.
Many other numerous issues (as previously mentioned) that make drivers hazardous.
Will they test for potential "road rage", too?
Addiction to prescription pain medicine. (Didn't someone named Kennedy use this excuse after an accident in D.C. recently?)
Test for illegal drugs?

Anyway, it would be a "Pandora's Box"......we don't need to go there.
The government is too involved with our lives now.

Den

Machine	Mask

Additional Comments: Avg. AHI .4