Can your doc make you use a DME?

[m1aman]

I am waiting for a call from my dr office and I have a feeling he is not going to give me a prescription, but rather, say he will only send it to a dme. I haven't used a dme in eight years but I will need a new cpap very soon.

Have any of you experienced this? I am in the USA and I would think this might be illegal to withhold my prescription. That is like telling me which pharmacy I have too use, isn't it?

Any ideas?

[GumbyCT]

I am waiting for a call from my dr office and I have a feeling he is not going to give me a prescription, but rather, say he will only send it to a dme. I haven't used a dme in eight years but I will need a new cpap very soon.

Have any of you experienced this? I am in the USA and I would think this might be illegal to withhold my prescription. That is like telling me which pharmacy I have too use, isn't it?

Any ideas?

Your insurance can but not your doc. If your doc tries to force you to use any (his) DME he is what I call a money mill. Find another doc, now.

Ideas> Have you heard of HIPAA? Submit your request in writing.
viewtopic.php?f=1&t=57049&p=536231&hilit=+hipaa#p536231

You can also file a complaint with the licensing authority in your state. In CT it is the Dept. of Health. You can start with your state Atty. General.

Good Luck.

[RDawkinsPhDMPH]

You are correct, he/she cannot require you to use a specific DME and, in fact, if audited he/she must be able to prove that you were aware that you had a choice. Remind him/her that prison is really unpleasant.

[Julie]

Another thing - by law, you have a right to any of your medical records, as well as a copy of your prescription.

[ChelseaChestnut]

I'm pretty sure you are correct in thinking that your doctor cannot enforce you to go to a specific DME. Your insurance can require you to go to specific DME's to be covered by them, but your doctor cannot.

[BlackSpinner]

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

[chunkyfrog]

my dentist?--COOL!

[wesnkat]

I think maybe thats whats going on in my situation right now. Cpap faxed a request to my sleep dr last friday for mask script. They emailed me monday saying it had not been received,so I called drs office.They assured me there was no problem,As soon as the dr signed it they would fax it.Now its tuesday and still waiting.Does anyone else think its to make me use his dme? This seems like a game they play to make us conform to their wants. This is my health, not his. Thanks for letting me rant.

[DreamLady]

I would give it until tomorrow and then call again. Many offices these days have a '48-hour rule' and I know of at least one that has a '72-hour rule'. These basically mean that prescription requests may take 48 - 72 hours (not including weekends of holidays) to provide. So I would call tomorrow and politely ask about the status of the requested script and THEN invoke your rights as necessary. But that's just me! More flies with honey, and all that.

[chunkyfrog]

--or you can cry on the phone.
If I cry, they can't hang up.

[GumbyCT]

Submit your request in writing. That will get their attention and start the countdown to 30 days. 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

[Mary Z]

My doc'c office always took their time. I'd give them another day and get on the phone. Like someone else said. More flys with honey than vinegar. Though why we should want flys I don't know! Still, nice always works better. Cultivate a relationship with the secretary, or a medical assistant, or whoever is nicest. Good Luck. I know it's annoying.

[m1aman]

Thanks to all of you for your responses I haven't heard from the dr office yet but I will wait at least one more full day. The way the nurse acted on the phone is what made me suspicious. When I told her I don't use a company and wanted to buy it on the Internet her voice changed and she said "I will see if he will agree to that."

I will study up on this HIPAA in case she calls with the wrong answer.

By the way, what does HIPAA stand for?

[LSAT]

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules

[jbn3boys]

HIPAA stands for The Health Insurance Portability and Accountability Act of 1996. It deals a lot with privacy and security of your health care information. Here's a government (USA) site regarding HIPAA http://www.hhs.gov/ocr/privacy/

Just another thought on your doc not "writing" the script, I know with my doctor, he often will call or fax a prescription for me. In this way, there is less likelihood of mistakes being made, since no one has to read a "doctor's handwriting". However, in the case of my cpap, he did actually write the script. 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.