CPAPtalk.com

I think you have the right to a copy of the prescription or physician's order. I would make a complaint under HIPPAA. To do so, go to: http://www.hhs.gov/ocr/privacy/psa/complaint/index.html


The following is from http://www.hhs.gov/ocr/privacy/hipaa/un ... rights.pdf

"Most of us feel that our health information is private and should be protected. That is
why there is a federal law that sets rules for health care providers and health insurance
companies about who can look at and receive our health information. This law, called
the Health Insurance Portability and Accountability Act of 1996 (HIPAA), gives you rights
over your health information, including the right to get a copy of your information, make
sure it is correct, and know who has seen it.

You can ask to see or get a copy of your medical record and other health information. If you want a
copy, you may have to put your request in writing and pay for the cost of copying and mailing. In most
cases, your copies must be given to you within 30 days."


Also, "http://www.hhs.gov/ocr/privacy/hipaa/un ... index.html" states:


What Information is Protected

Protected Health Information. The Privacy Rule protects all "individually identifiable health information" held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. The Privacy Rule calls this information "protected health information (PHI)."12

“Individually identifiable health information” is information, including demographic data, that relates to:

the individual’s past, present or future physical or mental health or condition,
the provision of health care to the individual, or
the past, present, or future payment for the provision of health care to the individual,

and that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual.13 Individually identifiable health information includes many common identifiers (e.g., name, address, birth date, Social Security Number).

The Privacy Rule excludes from protected health information employment records that a covered entity maintains in its capacity as an employer and education and certain other records subject to, or defined in, the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g.

The logic of this is kind of interesting. I'm not sure that a prescription as such is actually part of the "portability" part of HIPAA.

I know for sure that you can't just get a copy of your prescription for, say, oxycontin, or some other controlled substance that is consumable by invoking HIPAA. If you claim too often to your doc that you lost your scrip and need a replacement, you may find yourself fired by that doc.

I know for sure that you can get a copy of your prescription for eyeglasses, because of the FTC's Prescription Release Rule (e.g. http://www.ncbi.nlm.nih.gov/pubmed/8942136). Eyeglasses are a form of DME.

Now it seems to me that a CPAP machine is more like a pair of eyeglasses than like a bottle of oxycontin, but there's no rule covering this at present.

We need the FTC to issue a Prescription Release Rule for CPAP machines!

They don't want to deal with a HIPAA complaint, even if they win in the end. If necessary, call them up, tell them in no uncertain terms that it IS a HIPAA requirement. Try the same thing if the DME fights you over getting a copy.

If they don't give it to you, file an official HIPAA complaint. Even if it doesn't "work," it's a well deserved PITA for them.

Complain to the state medical board, too, if necessary.

My hubby and I both have prescriptions on file at cpap.com.
If I need to get something while traveling, I could print out the RX and submit it for approval or refusal anywhere.
I imagine very few DME's would turn me (and my money) away if they had what I need on hand.
Or I could pay the overnight shipping, and have what I need way cheaper, and maybe even faster.
If your doctor refuses to fill out the cpap.com Rx form, you can go to your dentist, opthalmologist or nurse practitioner for one.
You might also get a scrip from the local "free" clinic if you can find one.

I now have a prescription on file at CPAP.com. You wouldn't believe the hoops I had to jump through to get that prescription faxed to them! CPAP.com first requested a copy, and 24 hours went by with no response. So I called. The nurse first informed me that I was not "entitled" to a copy, and that my DME was Apria----so there was no reason to have a copy on file with anyone else. I also wanted a copy of everything in my file. Nope, not "entitled" to that either.

Hmm. That just made me angry.

I asked again, nicely, explaining that I was choosing to use another DME, also needed the copies of my file for my records. She said she couldn't help me because the doctor was "out of the office." She explained that she couldn't fax the prescription without the doctor's orders. Nor could she copy the file without his authority. I told her I'd be coming by in about 10 minutes to get my entire medical file, because I would not continue medical treatment with a dr. whose office staff would not cooperate with me.

She suddenly discovered that she could, indeed, fax a copy of my prescription to CPAP.com. and oh, yeah, I WAS "entitled" to a copy of my file.

I truly do not get why so many of us have so many freaking problems getting our prescriptions, etc. WHY do we have to get pushy to get copies of things that pertain to us and only us?

Drowsy Dancer wrote:The logic of this is kind of interesting. I'm not sure that a prescription as such is actually part of the "portability" part of HIPAA.

I know for sure that you can't just get a copy of your prescription for, say, oxycontin, or some other controlled substance that is consumable by invoking HIPAA. If you claim too often to your doc that you lost your scrip and need a replacement, you may find yourself fired by that doc.

I know for sure that you can get a copy of your prescription for eyeglasses, because of the FTC's Prescription Release Rule (e.g. http://www.ncbi.nlm.nih.gov/pubmed/8942136). Eyeglasses are a form of DME.

Now it seems to me that a CPAP machine is more like a pair of eyeglasses than like a bottle of oxycontin, but there's no rule covering this at present.

We need the FTC to issue a Prescription Release Rule for CPAP machines!

I can't get a copy (as in an original and an additional copy) of any prescriptions for controlled substances, but neither can my doctor fax those prescriptions to the pharmacy. I am given the dated original prescription and have to hand carry it to the pharmacy for filling. My doctor tells me that the prescription would be more secure and less subject to fraud if it were just faxed over, because everything is so encrypted. But the FDA forbids that! I can understand that controlled substances are handled in a way that the pharmacy must check your ID, etc. But that is because those drugs are commonly abused and misused.

I can tell you that if I had been handed a copy of my prescription for a cpap machine and mask, I would have never chosen to deal with the DME I was sent to.

I honestly don't understand why there is so much resistance with sleep doctors and DME's. Are there really that many people out there abusing cpap machines?

quietmorning wrote:You can go to cpap.com and have them request your prescription, then when they have it, you can down load the copy of it. This is how I now have mine on file.

Excellent suggestion.

This forum needs a rating system. I'd give this post a +1 for being informative.

Chris

babytalk wrote:

Drowsy Dancer wrote:The logic of this is kind of interesting. I'm not sure that a prescription as such is actually part of the "portability" part of HIPAA.

I know for sure that you can't just get a copy of your prescription for, say, oxycontin, or some other controlled substance that is consumable by invoking HIPAA. If you claim too often to your doc that you lost your scrip and need a replacement, you may find yourself fired by that doc.

I know for sure that you can get a copy of your prescription for eyeglasses, because of the FTC's Prescription Release Rule (e.g. http://www.ncbi.nlm.nih.gov/pubmed/8942136). Eyeglasses are a form of DME.

Now it seems to me that a CPAP machine is more like a pair of eyeglasses than like a bottle of oxycontin, but there's no rule covering this at present.

We need the FTC to issue a Prescription Release Rule for CPAP machines!

I can't get a copy (as in an original and an additional copy) of any prescriptions for controlled substances, but neither can my doctor fax those prescriptions to the pharmacy. I am given the dated original prescription and have to hand carry it to the pharmacy for filling. My doctor tells me that the prescription would be more secure and less subject to fraud if it were just faxed over, because everything is so encrypted. But the FDA forbids that! I can understand that controlled substances are handled in a way that the pharmacy must check your ID, etc. But that is because those drugs are commonly abused and misused.

I can tell you that if I had been handed a copy of my prescription for a cpap machine and mask, I would have never chosen to deal with the DME I was sent to.

I honestly don't understand why there is so much resistance with sleep doctors and DME's. Are there really that many people out there abusing cpap machines?

It doesn't make any sense to me either. I think the most common form of "abuse" of a CPAP is the simple failure to use the durn thing!

Now find a new doctor to take over your treatment and have them request all materials and history from the prior doctor. You are correct you do not want to deal with a doctors office that can't cooperate with you. Just because they chose to this time doesn't mean they will be any more agreeable in the future.

That being said my DME is more than happy to give me copies of the script when I'm traveling or whatever.

I straight up told my doctor I wanted a copy of the script so i could take advantage of the bargains I was finding on-line for masks, etc.
She mailed me a copy in 2 days.

I hadn't thought to ask for a copy of the prescription until after I had my machine and had found this forum. During my next visit, I asked for a copy and told him I travel a lot and was told it was good to carry a copy. He wrote one up for me. No big deal at all.

He also didn't have a problem during the first appointment when I said I already had a DME (who turned out to be crap), so now I use the doctor's DME anyway, and they are much better.

I also went the route of having cpap.com request my prescription from my doctor when I was ordering a new mask. The clinic that I use allows customers to send a doctor an email, so I sent my doctor a heads up email that cpap.com would be requesting a prescription. My doctor complied, and now my prescription (patient's preference is checked) is on file with cpap.com and I could print it if I needed to.

I'm guessing that this would work most of the time, and is easy for cpap users.

By the way, the ability to email one's doctor is really useful, and saves time for everyone. My doctors have replied quickly (within the day) and directly. Much better than having to call a receptionist, and then call back a few more times when the doctor doesn't get the message *smile*.

I never even thought of getting a copy of my RX before I visited this forum. The DME (associated with the sleep lab) never even offered it to me. I did go back later and asked for it and the RT printed it off for me.

I'm still fighting for my copy.

Told the DME that the paperwork HE provided said to carry your Rx with you when traveling. His response was a signed sleep study was sufficient.

Asked him if they carried Tap Pap masks, he said no, get one from the internet. I asked for the Rx so I could follow his advice, his rely was that he was meeting with the vendor next week and should be able to provide it when my 3 months are up (good news!), so therefore no need for the Rx.

I'll go to the doctor's office next time I'm in the area and ask for it in person. Unfortunately last time I tried tht she just called the DME tech and he brushed me off. No more.

Or maybe my best bet is to print out the Rx from our host site and have my GP sign it next time I see him.

DME refused to give me mine so I told a little white lie and said I was moving out of the area so needed my prescription. The DME told me I would have to have another sleep test in my new city of residence.... told her I needed it NOW just in case I had a problem before I could get to a new sleep clinic my bad.. but it worked. I now carry a copy of my rx and a copy of my eye glasses rx in my purse at all times, plus have made several copies to keep at home.. Just in case...