Help with Employers - Is my Apnea a Disability? - ADA

If you are being treated successfully for Sleep Apnea you should not need disability claims, etc. If one has something like Sleep Apnmea and refuses treatment they don;t deserve protection and I don;t think they are covered, as the ADA, etc does require that the patient take the necessary steps to resolve the condition.

I get very tired of this site and people feeling sorry for themselves because of a very treatable medical condition.

It's great that all of you who are being treated successfully aren't going to consider OSA a disability. I am being treated but it is hardly 100% effective. What about those of us who are 100% compliant but have incompetent doctors, have to go through several sleep studies to get the right pressure and then do all this self-tweaking of equipment?
In the meantime life and work go on. I just lost my job this week, because I can't keep all the details straight under pressure. My doctor is writing a letter to my employer, so we'll see if it makes a difference. My 20-something coworkers would make my life miserable if I wasn't expected to have to same work load and productivity standards.
Anyway, I am not interested in going on disability, heaven forbid!!! I don't seem to notice any posts that are sympathy seeking. If anything we are the people who are determined to overcome and prevent future health problems. Afterall, the DMEs, sleep techs, respiratory therapists and many docs don't have a clue.

snoozeandlose wrote:It's great that all of you who are being treated successfully aren't going to consider OSA a disability. I am being treated but it is hardly 100% effective. What about those of us who are 100% compliant but have incompetent doctors, have to go through several sleep studies to get the right pressure...
...In the meantime life and work go on.

It sucks to get stuck loosing the best job ever because I was too sick to know what to do with an unwilling, uncaring, and unsympathetic employer...fast foward 4 years and we are still in a rut. No job, 3 kids, & a Husband that did work a public job got fired because of me and my neediness but now can't work a public job because we wouldn't get public assistance any other way and he can't make enough money to provide for all five of us because he has no higher education and no real skill set. Does ANYBODY know where to go from this. I am only 29 and with the last child I almost died, I have blood clots & fluid on my heart on top of my sleep apnea & narcolepsy and my doctor told me then that she doesn't want me to work and I did get my tubes tied . I need money to help my family and the only way out I see is for me to get my disability. I still want to see the positive and just miraculously get better but I don't think that is going to happen to me. Sometimes I wish I would've just died during the emergency c-section on the table. But my dr says that for the last 9 months since her birth I have added depression to my growing list of symptoms. My own mother doesn't believe in me or care that I am sick still. Sleep is so important and it is probably the most important thing that we do on a daily basis. Only way that I know that for sure is that for the years I've lost due to forgetfulness and non-energy to leave my house, Thank God for Bi-Pap Therapy to show up in my life and since July I have already logged almost 530 hours on my machine. Where as for over 3 years on C-Pap, I only logged a little over 100 after trying night after night and sleep walking and falling and the bad list goes on and on... Thanks for your time and for anyone who wants to repond or has some friendly advice please do and for legal advice does anyone know how long you have to bring up a suit against a company who was unwilling to allow me to get better before firing me.

Time is better spent, reading the yellow light bulb, and correcting the problems with your treatment. A positive attitude beats the dole anyday. With the right atitude you can overcome almost anything.

Be thankful this can be solved, unlike AIDs, Cancer and other serious health problems. compaired Sleep Apnea is a walk in the park. Jim

since July I have already logged almost 530 hours on my machine.

That's about half as many as you need - which means you need help with getting your therapy to work for you.


O.

What about HIPPA?
Don't I have a privacy right about my use of a cpap?
Can't expect privacy if I am forced to share a room?

Goofproof Posted: Mon Dec 31, 2007 1:06 am Post subject:

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Time is better spent, reading the yellow light bulb, and correcting the problems with your treatment. A positive attitude beats the dole anyday. With the right atitude you can overcome almost anything.

Be thankful this can be solved, unlike AIDs, Cancer and other serious health problems. compaired Sleep Apnea is a walk in the park. Jim

I agree with goofproof that accepting treatment and taking responsiblity for your treatment is the key to success. The person being treated needs to be PROACTIVE in their treatment to make it work.

I have been on my APAP since the last of August I know I have logged in more hours than qpriceisright. What steps are you taking to become more compliant with treatment? Have you had follow ups with your doctor?

As far as sharing a room, what part of having sleep apnea are you ashamed of? Granted we are in a rural area but almost all employers around here expect you to share a room when sent out of town. My husband has worked construction all of his life. He has always had to share a room when sent out of town. This saves the company money. This in turn saves production costs that are in turn passed on to the middle man and then essentially to the consumer.

I do believe that every person has some type of disability of some sort. It might be physically or mentally -- but we are not all created equally!! Even those that are unaware of any disability have strengths and weaknesses that COULD be construed as a disability if dwelled upon.

So much depends upon OUR OWN attitudes!! We can focus on the negative and wallow in the self-pity that will surely mire you down in its depths. OR we have a positive attitude and overcome any obstacle that is thrown in our way!!!

An example is I knew a girl once a long time ago that was born with only one arm. She was a beautiful girl and upon initially meeting her one had a tendancy to feel sorry for her since her "disability" was so obvious. It didn't take long to disspell any preconcieved ideas one might have about her disability. She played on the schools baseball team and was one of the teams better players!! She excelled in everything she did academically and physically. She refused to let people baby her or feel sorry for her!! After a time you no longer noticed that one arm was missing -- she was and still is absolutely fantastic!!

qpriceisright wrote: Thank God for Bi-Pap Therapy to show up in my life and since July I have already logged almost 530 hours on my machine.

sleepycarol wrote: I have been on my APAP since the last of August I know I have logged in more hours than qpriceisright.

Doesn't sound like qpriceisright is getting enough compliance time. I got a new machine in December and have already logged 190 hours!!!!.... and that is only for part of the month and being off of it for a couple days due to a really bad cold.(My throat was simply too sore to use it )

Theoretically... you should use the XPAP/Bipap ANYTIME you sleep.

Assuming you sleep 8 hours a day, and assuming you are 100% complaint, and 30days in a month, you should be logging approximately 240 hours a month.

So, off hand I would say you need to find a way to get more complaint with therapy.

Maybe a consultation with your doc is in order.... and if xpap/bi-pap therapy is not going to work for you, maybe you should consider some other modality of treatment.

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CPAPopedia Keywords Contained In This Post (Click For Definition): APAP

[quote="Joel Adams"]What about HIPPA?
Don't I have a privacy right about my use of a cpap?
Can't expect privacy if I am forced to share a room?

Correct, but HIPPA also states how privite health info is to be protected, and there are severe penalities if info is released:

Examples of HIPPA Laws for healthcare provider concerns:

· What access does each employee in your healthcare practice have to your patients PHI, or Protected Health information?

· Per Minimum Necessary Law which individuals need which level of access to be set-which restrictions are needed so that they access the minimum necessary to do their tasks and the rest is not available AND is also secure from said individuals or outside security risks?

· Who are business associates-what is the minimum data they will need and how is it transmitted - how to register them and sign agreements that they will protect all minimum data received per HIPPA laws -do they understand that you as a healthcare provider must terminate business relations if they do not support and document HIPPA confidentiality, policy and procedures manual documentation, and PHS requirements?

· How will you provide a notice of privacy practices to your patients and employees, AND document that all have received these notices and acknowledgements of procedures, and make this documentation available to them on an ongoing basis?

· How will you document and receive authorization from patients and employees whenever PHI is disclosed to appropriate parties per HIPPA laws-how will your allow them to review their PHI on request, make changes they desire, and restrict access as they choose?

· How will you train and test employees in HIPPA laws and your individual policies and procedures-how will they be retrained should they change positions, if you need to alter your policies and procedures, or just address annual retraining to ensure respect for HIPPA laws, comprehension and compliance?

· How will you appoint a Privacy Officer to oversee all HIPPA laws and how will they document and manage all functions required?

Note that the examples above are tailored to illustrate HIPPA training physician healthcare facility needs-although there is some overlap between all HIPPA laws requirements, employer benefits plans administrators and business associates have specific requirements as well!

I think for many it is the attitude they carry around with them whether a condition is considered a disability or not.

In my example with the young lady I mentioned earlier -- she did not view herself as having a disability. She wanted to be treated as normally as possible. She was into sports, has always worked and was as good as many people with both arms, has married and has a baby.

I have a friend that has a very negative outlook on life. He has diabetes. He refuses to take care of himself. He drinks to excess, smokes, takes illegal drugs (by his own admission), does not follow a diet geared to his diabetes, does not take an active role in treatment, and has lost one limb due to his diabetes. He moans because he "only draws XX amount of disability". He doesn't explain that he draws food stamps, gets rental subsidies, has Medicare and Medicaid, and other types government assistance. He gets a new prothesis approximately every 2 years or so (at cost of upwards of several thousand dollars since he has to have it custom built as he is a large boy). Recently the government spent approximately $8000 on a new motorized wheel chair for him.

I feel his attitude MAKES him disabled. He DOES have a medical condition that is TREATABLE but refuses to follow the treatment!!!

I have some health issues that plague me -- as many of us here do -- yet I work full time, pay taxes, health care costs, housing, food, and the list goes on without assistance.

WHY should my tax dollars support those that do NOT help themselves?

I teach special education and believe me there are those that are truly handicapped through no fault of their own that I am MORE than willing to help and see a true need for the public to help take care of. This segment of the population that are truly disabled will always have my support.

If you don't believe me about attitude and disabilities you might want to take a walk in a rehab center or other facility that caters to those with true disabilities.

wabmorgan Posted: Tue Jan 01, 2008 1:52 pm Post subject: Re: Single room when traveling

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Joel Adams wrote:
What about HIPPA?
Don't I have a privacy right about my use of a cpap?
Can't expect privacy if I am forced to share a room?

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CPAPopedia Keywords Contained In This Post (Click For Definition): CPAP


HIPPA=Health Insurance Portability & Accountability Act

I would think that your personal privacy would not come in to consideration under HIPPA

I still don't see the issue with HIPPA and sharing a room.

HIPPA has nothing to do with personal privacy issues.

Why are you so paranoid about sharing a room due to your cpap? It isn't as though your employer is taking out a billboard announcing that you have a cpap!!!

If going to conferences etc. is part of your job and procedure is to have employees share rooms in order to save cost then it shouldn't be an issue.

If YOU were singled out and WERE THE ONLY one required to share a room -- then that is a different story. That would BE singleling you out and directing attention to your disability. But if EVERYONE is sharing a room then HIPPA shouldn't apply.

Joel Adams wrote:Correct, but HIPPA also states how privite health info is to be protected, and there are severe penalities if info is released:

Examples of HIPPA Laws for healthcare provider concerns:

· What access does each employee in your healthcare practice have to your patients PHI, or Protected Health information?

· Per Minimum Necessary Law which individuals need which level of access to be set-which restrictions are needed so that they access the minimum necessary to do their tasks and the rest is not available AND is also secure from said individuals or outside security risks?

· Who are business associates-what is the minimum data they will need and how is it transmitted - how to register them and sign agreements that they will protect all minimum data received per HIPPA laws -do they understand that you as a healthcare provider must terminate business relations if they do not support and document HIPPA confidentiality, policy and procedures manual documentation, and PHS requirements?

· How will you provide a notice of privacy practices to your patients and employees, AND document that all have received these notices and acknowledgements of procedures, and make this documentation available to them on an ongoing basis?

· How will you document and receive authorization from patients and employees whenever PHI is disclosed to appropriate parties per HIPPA laws-how will your allow them to review their PHI on request, make changes they desire, and restrict access as they choose?

· How will you train and test employees in HIPPA laws and your individual policies and procedures-how will they be retrained should they change positions, if you need to alter your policies and procedures, or just address annual retraining to ensure respect for HIPPA laws, comprehension and compliance?

· How will you appoint a Privacy Officer to oversee all HIPPA laws and how will they document and manage all functions required?

Note that the examples above are tailored to illustrate HIPPA training physician healthcare facility needs-although there is some overlap between all HIPPA laws requirements, employer benefits plans administrators and business associates have specific requirements as well!

I doubt this would require your employer to provide you a private room simply because you use a CPAP. You would probably have better luck asking for a private room based upon your CPAP disturing your roomate's sleep. You may still have to fork out the differance yourself.


I doubt someone seeing you use your CPAP in use is a HIPPA issue.
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CPAPopedia Keywords Contained In This Post (Click For Definition): CPAP

I'd be more worried having to spend the nights with a smoker. but a Corp that plays with big dollars and expects their employies to jump through their hoops off the clock, should be able to afford decent lodging and meals and or pay.

If it was the high level leaders, they would have suites, and the company would pay for their entertainment. Jim

When I was trained and retrained by AMAX (Federal Required), they paid us and saw to our needs. (No overnights involved) They were a class act.

I don't have any experience with big corporations as he works for a locally owned business and I work for a school district. Both are very spend thrifty.

We (the school district in which I work) were able to build a new high school and have it completely paid for in 5 years!!! A feat that by any standards is fantastic in this day and age. Where I live it always takes the school district 20 years to pay for their buildings or additions.