Who "owns" the data and the SD card?

***WARNING: Overly grumpy post to follow:***

OK. Maybe I'm brain dead. But, wouldn't insisting on keeping the card be like asking for a new computer under warranty because your present one is malfunctioning, but then insisting on keeping the old hard drive to put in the new machine? Isn't there a good chance that the problem IS the hard drive or something on it?

And talking about suing the DME for seeing your personal information from the machine would be like suing the doctor for reading your medical files. (Or suing your car mechanic for looking under your car's hood.) Looking at the information on the card is what they are supposed to do, people. According to the system, that is why the card is even there in the first place! The manual even says the card is there for the clinician to get the information. How is there a law suit in a DME collecting information about a patient and machine when that is exactly what doctors and insurance expect the DME to be doing?!

But hey, if this conversation makes sense to everyone else, have at it.



***End of overly grumpy post***

6PtStar wrote:All I know is that if my DME had snatched my card out of my hand there would be one he** of a fight to get out my door without giving it back AND apologizing for doing it. Jerry

You are here by a member of the unruly mob.
One of the most valuable things I have learned from cpap is take control.
It has permeated every facet of my life.
I don't "settle" anymore......I get what I want.

jnk wrote: But hey, if this conversation makes sense to everyone else, have at it.

It makes no sense to me either.
......and I'm really glad you're back to point that out.

The cpaptalk stew has been burning on the bottom,
because there was no one here to stir the pot.

My friend, welcome back!

musicMaven wrote:I wanted to keep the data card and put it in the new machine but she didn't let me. She took it and said I had to use the brand new card. I wanted to keep it and have all my data on one card but she refused and swiped it from my hand and put it in her pocket. MusicMaven

Good point but a supplier of blowers or lawn mowers is not an MD and thus there is no client/patient confidentiality. Topping off that by the fact that the card was swiped from his hand and I think I agree with Tex. I'd never hit a lady but then again a lady would never swipe MY confidential information. Grey area for me with lots of room for thought. Good point and well taken.

carbonman wrote:The cpaptalk stew has been burning on the bottom, because there was no one here to stir the pot. My friend, welcome back!

Thanks, carbonman.

I may not be completely back in action here until October or so. But I'll try to cause as much trouble as I can in the meantime.

MMMM. Burnt-bottom stew! Just like Mom used to make. I'm feeling huuuungry now.

I hope -SWS still feels free to keep me honest, too.

Hey folks, I've worked in the medical device industry for years, and for US patients, the manufacturers can look at Personal Health Information (PHI) as part of investigating a product complaint, and for some other reasons as well. One article on the topic here http://www.mddionline.com/article/priva ... -companies.

Probably ResMed asked the DME to collect the entire unit, including the data card, on the off chance there's something useful or harmful on the card itself. Of course the DME rep probably has no idea what the card might be used for, and should have offered to make a copy, but we all know how that goes.

The DME is authorized to see PHI but must have controls in place to ensure that information is shared or not shared per regulations.

Just to "top off" this topic...

I talked with the DME company, in fact the very person who had taken the card. I simply insisted politely that I wanted the card and data contents, or a copy of it, back. With no fuss or muss she immediately said it would be in the mail to me as soon as she "downloaded" the data. I should have it in a couple of days.

The poster who said he would never have let the card leave the house in the first place had a valid point. I was kicking myself the rest of that day because I didn't insist on having the ability to at least copy it before she left. The act of snatching it from my hand still angers me, though, and that will never happen again.

I do recognize that the manufacturer should be allowed to use the card and data to figure out what went wrong with the equipment. My new card reader and a spare card are due to arrive today. From now on, I will have the ability to immediately create a copy of the card in my own home if this type of thing happens again.

Thanks everyone for your input.

MM

IMO: Good question. Good topic. Good thread. Nice ending.

I hope that the machine works great for you now and that the DME treats you with more respect in the future.

musicMaven wrote:Just to "top off" this topic...

I talked with the DME company, in fact the very person who had taken the card. I simply insisted politely that I wanted the card and data contents, or a copy of it, back. With no fuss or muss she immediately said it would be in the mail to me as soon as she "downloaded" the data. I should have it in a couple of days.

Ya think she reads this forum? I don't know about Resmeds but I do know that Encore defaults to erase the data on the card. So don't expect to get the data on the card.