Can your doc make you use a DME?

General Discussion on any topic relating to CPAP and/or Sleep Apnea.
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GumbyCT
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Re: Can your doc make you use a DME?

Post by GumbyCT » Tue Dec 07, 2010 2:44 pm

jbn3boys wrote: If he is wanting to fax or phone your prescription, and you know where you are going to be purchasing, I see no problem with a phone call or fax.
The problem begins when/if you need the script again like to switch DME's, buy online, or buy online with a different vendor, etc. It is best to have your own copy of the script, sleep study, etc.

It is also recommended to have a copy of your script when traveling so should you have trouble with equip (or whatever) you don't have to wait for days or weeks because people in this division of a nationwide company can't access the database you happen to be stored in.

You should also be able to get a copy from your DME.

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rested gal
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Re: Can your doc make you use a DME?

Post by rested gal » Tue Dec 07, 2010 2:54 pm

BlackSpinner wrote:Plus in many places anyone who can write a prescription can write one. Down load a sample from cpap dot com and get your pcp, dentist, PA or nurse practioner (depends on your state) to write it how you dictate it - see cpap dot com
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Hey, back when I was going to get an old family doc to write a Rx for "CPAP" for me, I had a backup plan in mind. I was 99% sure the old doc would do it. But if he had refused, I was going to ask my veterinarian to write the Rx. For a dog, of course.

I'd have told the vet what I really intended to do, and he'd have been cool with that.

Would an Rx from a vet for CPAP for a dog be legal? Dunno. I wouldn't have cared, and he wouldn't have hesitated. Very good vet!
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wesnkat
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Re: Can your doc make you use a DME?

Post by wesnkat » Tue Dec 07, 2010 4:17 pm

rested gal I think we will go by your suggestion.Maybe my little hound pickles wont tell on me.
Thanks for that pointer

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Janknitz
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Re: Can your doc make you use a DME?

Post by Janknitz » Tue Dec 07, 2010 4:43 pm

There's a clue in your first post that may explain the reason for the delay. It says you haven't used a DME in 8 years and I'm assuming that means you may have had your machine that long, or your prescription for a machine is at least that several years old. Is that correct?

Perhaps this requires the doctor to dig in your file for the old prescription to see what to write for a new one, and he/she may be swamped. Your request may be "low on the priority list" considering all the other demands on the doctor's time. OR, he/she may be wanting you to get retitrated after all this time, but hasn't had a moment to address it with you. Perhaps the doctor may have wanted to go through the DME so that they could help him write a script for a more updated machine (if he is not a sleep specialist).

You ARE entitled to a copy of your prescription and you ARE entitled to a timely response, but I just want to give you some food for thought here. If you haven't received a response by late tomorrow, it's worth putting some pressure on ("I will be at the office at 10 a.m. on Thursday to pick up my prescription"), but be aware that there may be legitimate reasons behind the delay that have nothing to do with steering you to a particular DME.
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rosiefrosie
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Re: Can your doc make you use a DME?

Post by rosiefrosie » Tue Dec 07, 2010 6:23 pm

I think that we need to understand the difference between HIPPA and the Patient Bill of Rights. HIPPA addresses that providers are to keep our health information private. The Patient Bill of Rights gives us certain rights when dealing with medical providers. We have the right to our medical records, the right to choose among providers and the right to be treated with respect, to name a few. There are places that we can make complaints to if we feel our rights are being violated and a few of these places would be the Department of Health or the Department of Human Services. IF I had a complaint I would start with the medical provider I had the complaint with and if they ignored my complaint I would then contact the Department of Health. Just my 2 cents.

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LinkC
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Re: Can your doc make you use a DME?

Post by LinkC » Tue Dec 07, 2010 7:06 pm

Julie wrote:Another thing - by law, you have a right to any of your medical records, as well as a copy of your prescription.
Not quite. You have a right to a COPY of your records. The records themselves are the provider's property. They may also charge you a reasonable copying fee.

A prescription is a communication between providers ordering a service. The details are noted in your record, but the actual (usable) order is not a part of your record. I have yet to see any law entitling you to a copy of your prescription. Sure, most will gladly provide one, but if it's a legal requirement, please let us know where.

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Re: Can your doc make you use a DME?

Post by BlackSpinner » Tue Dec 07, 2010 9:19 pm

DreamLady wrote: But that's just me! More flies with honey, and all that.
I have to laugh. The last time I tried that phrase with my granddaughter to get her to be more sociable she pointed out that rotting meat also gets more flies.

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m1aman
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Re: Can your doc make you use a DME?

Post by m1aman » Wed Dec 08, 2010 2:39 am

LinkC wrote: I have yet to see any law entitling you to a copy of your prescription. Sure, most will gladly provide one, but if it's a legal requirement, please let us know where.

Well that is a curve ball. If there is a law I wish someone would give a source or a link.

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Re: Can your doc make you use a DME?

Post by The Texan » Wed Dec 08, 2010 8:05 am

m1aman wrote:
LinkC wrote: I have yet to see any law entitling you to a copy of your prescription. Sure, most will gladly provide one, but if it's a legal requirement, please let us know where.

Well that is a curve ball. If there is a law I wish someone would give a source or a link.
ALL prescriptions are an integral part of your medical records, which by law you are entitled to a copy of, any time you request. That is where you will discover the "fact" that you are entitled to a copy of your Rx.

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Re: Can your doc make you use a DME?

Post by GumbyCT » Wed Dec 08, 2010 8:18 am

The Texan wrote:
m1aman wrote:
LinkC wrote: I have yet to see any law entitling you to a copy of your prescription. Sure, most will gladly provide one, but if it's a legal requirement, please let us know where.

Well that is a curve ball. If there is a law I wish someone would give a source or a link.
ALL prescriptions are an integral part of your medical records, which by law you are entitled to a copy of, any time you request. That is where you will discover the "fact" that you are entitled to a copy of your Rx.
... it is H-I-P-A-A
m1aman wrote:If there is a law I wish someone would give a source or a link.
http://www.hhs.gov/ocr/privacy/hipaa/faq/index.html
LinkC wrote: I have yet to see any law entitling you to a copy of your prescription. Sure, most will gladly provide one, but if it's a legal requirement, please let us know where.
http://www.hhs.gov/ocr/privacy/hipaa/un ... index.html
GumbyCT wrote:Submit your request in writing. That will get their attention and start the countdown to 30days. If you don't they will likely make another story later down the road.

Do your homework and check your state laws too.

http://www.hhs.gov/ocr/privacy/hipaa/co ... index.html

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m1aman
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Re: Can your doc make you use a DME?

Post by m1aman » Wed Dec 08, 2010 9:13 am

GumbyCT I am not seeing the information in those links where it states that a prescription is part of your medical records or where is says a doctor has to give you your prescription. If I or anyone else is going to get into a row with our drs over this more specific links would be useful if you have them.

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Re: Can your doc make you use a DME?

Post by BlackSpinner » Wed Dec 08, 2010 9:19 am

m1aman wrote:GumbyCT I am not seeing the information in those links where it states that a prescription is part of your medical records or where is says a doctor has to give you your prescription. If I or anyone else is going to get into a row with our drs over this more specific links would be useful if you have them.
Anything the doctor writes is part of your medical records. A prescription must be part of it because it is part of your treatment that any subsequent doctor involved in your care MUST know about in order to avoid any issues with conflicting drugs or other treatments.

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m1aman
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Re: Can your doc make you use a DME?

Post by m1aman » Wed Dec 08, 2010 9:29 am

BlackSpinner wrote:
Anything the doctor writes is part of your medical records. A prescription must be part of it because it is part of your treatment that any subsequent doctor involved in your care MUST know about in order to avoid any issues with conflicting drugs or other treatments.
I am in agreement with you and others. I am just looking for the proof.

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m1aman
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Re: Can your doc make you use a DME?

Post by m1aman » Wed Dec 08, 2010 9:59 am

It has been a little over two days so I called them. The person who answered the phone looked on the computer and said they were waiting for the doctor to sign it. Of course that is just a generic response and doesn't mean he will sign it for me to take wherever I want. But I still maintain hope.

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The Texan
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Re: Can your doc make you use a DME?

Post by The Texan » Wed Dec 08, 2010 10:10 am

Now is the time to call them and tell them you have an appointment with your DME on Friday and you will be by at a certain time tomorrow to pick up your Rx. This will force their hand, in a low key way and if they give you any grief, just remind them that sleep apnea is a killer disease and they are delaying your treatment.

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