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Medicine Privacy

Maryland Motor Vehicles Agency Wants To Know About Your Sleep Apnea (nbcwashington.com) 155

"Man goes to the doctor for a sleep apnea diagnosis, a few months later he gets a letter from the state of Maryland about his sleep apnea -- and they won't tell him how they found out about it," writes Slashdot reader schwit1. NBC4 Washington reports: Dr. David Allick, a dentist in Rockville, was diagnosed with mild sleep apnea in June 2022. Months later, he received a letter from the MVA requesting additional information about his diagnosis in order "to determine your fitness to drive." The September 2022 letter noted failure to return the required forms, which included a report from his physician, could result in the suspension of his license. Allick said he isn't clear how the state learned about his medical diagnosis. But more importantly, he said he was previously unaware of a little-known Maryland law requiring people to report their sleep apnea diagnosis to state driving authorities. Allick said he still has questions about what prompted the ordeal. "Everybody I talked to -- nobody's heard of anything like this," he said, also acknowledging: "I'm sure they want to keep the roads safe." schwit1 adds: "How is this not a HIPAA violation?"

The investigation team at NBC4 Washington found that Allick is one of 1,310 people whose sleep apnea diagnoses "have led to medical reviews by the Maryland MVA." The state department didn't have data on how many of these Maryland drivers have had their license suspended.
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Maryland Motor Vehicles Agency Wants To Know About Your Sleep Apnea

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  • by Adambomb ( 118938 ) on Tuesday February 07, 2023 @09:54PM (#63274151) Journal

    I had my license suspended for 4 months after being diagnosed with pretty bad sleep apnea. My own family doctor reported it to the ministry of transportation.

    Took that long for follow up sleep studies and to finally get my CPAP machine.

    Sucked but at least now I am rested after sleeping, but they still get remote reports of my CPAP usage.

    • Well, to be fair you've got socialized healthcare in Canada so they kind of expect you to take care of your medical needs. Here in the USA, who knows what a sleep apnea diagnosis and treatment entails in terms of financial obligations. You'd probably have to check your insurance and see what your deductibles are, and that's assuming you even have health insurance.

    • by sonicmerlin ( 1505111 ) on Wednesday February 08, 2023 @12:36AM (#63274453)

      This is beyond stupid. It creates a huge disincentive for people to find out what's causing their sleep issues. If you didn't have accidents before the diagnosis what difference does it make that you have it diagnosed now? At the bare minimum they should just give you a warning that you need treatment. But either way it's still an invasion of privacy. Should we suspend the license of any frail or diseased people? Or people who are too old? Disgusting.

      • Comment removed based on user account deletion
        • by sonamchauhan ( 587356 ) <sonamc.gmail@com> on Wednesday February 08, 2023 @02:51AM (#63274621) Journal

          But OTOH, how many people become apnic while driving?

          Even with my mild apea, before I got it under control, I had near misses and microsleeps. Rest breaks are essential

          Also see:

          https://jamanetwork.com/journa... [jamanetwork.com]
          Drivers With Untreated Sleep Apnea -- A Cause of Death and Serious Injury

        • It's not about becoming apnic behind the wheel, but narcoleptic. Which is a common sideffect of untreated sleep apnea

          • by KlomDark ( 6370 )

            If it's untreated, then the state won't know, they know only if it's diagnosed and treated.

            Your logic needs work.

            • Sorry but your logic does.

              Diagnosed does not equal treated. So it could still be diagnosed, reported, but untreated. (And treatment does not mean getting a CPAP-machine. It means USING it regularly, too.)

      • by crackerjack155 ( 1328815 ) on Wednesday February 08, 2023 @01:37AM (#63274527)

        It is not a invasion of privacy for a doctor to notify the DMV that you might not be safe to drive. In fact, they have both an ethical, and a legal obligation to do it. It endangers both the patient and everyone else. The same reason doctors need to report contagious illnesses.

        Saying they should wait until something happens is like saying people should be able to drive drunk unless they've actually gotten into an accident when drunk before. Also, if the person had a condition where they should've known it effected driving, than kills someone while driving, and the police find out that the person knew or should've known beforehand, it puts them in a very bad legal position.

        They do suspend the license of frail, old, and diseased people if they can't safely drive.

        They also didn't suspend his license, he needed to show that it was safe for him to drive, despite having a condition that commonly makes driving dangerous.

        Anyone can report someone to the DMV if they think they can't safely drive for one reason or another.

        • It is not a invasion of privacy for a doctor to notify the DMV that you might not be safe to drive. In fact, they have both an ethical, and a legal obligation to do it. It endangers both the patient and everyone else. The same reason doctors need to report contagious illnesses.

          Absolutely right. And if everything went accordingly to those legal and ethical obligations, the MVA is able to notify where and how they got this information.

          If the can't, it needs to be examined if all the legal and ethical requirements were met. This is what this is about. No more, no less.

        • If you take a genetic test and it says you are predisposed to addictive behaviors like drinking, should the genetics company be obligated to report to the DMV and force you to have an interlock device installed?

          Honest question. Maybe yes?

      • Arguably we should, other people on the roads have the right to live also.

        But we constructed everything where not having a car is close to being subject to house arrest. Public transit wastes your time, taxis and rideshare is expensive.

      • by pjt33 ( 739471 ) on Wednesday February 08, 2023 @04:57AM (#63274785)

        Should we suspend the license of any frail or diseased people? Or people who are too old?

        Do you not already? My dad's parents both lost theirs for medical reasons (Alzheimer's and heart condition, respectively) and relied on taxis for their last few years. Where I live I have to have a medical check every 10 years when I renew my licence, and I believe it will go down to every 5 years at a certain threshold (probably 65 or 70 years - not close enough to need to check the details yet).

        That's without even considering insurance. At age 70 you're unable to hire a rental car in some countries because there's no-one who will insure it.

      • by thegarbz ( 1787294 ) on Wednesday February 08, 2023 @07:15AM (#63274981)

        If you didn't have accidents before the diagnosis what difference does it make that you have it diagnosed now?

        That's now how risk works. I've never been hit by a car while j-walking, that doesn't mean I'm special, it means I'm lucky.

        Should we suspend the license of any frail or diseased people? Or people who are too old? Disgusting.

        Well. Yes. Wait what? Do you guys not already do this? Maybe that goes to explain your insanely high death rate from motor vehicles (in all metrics) compared to other western countries.

      • Does this automatically qualify someone for full disability since they can no longer work without a way to get to work?

        • If the real problem is that CPAPs cost an arm and a leg for what is essentially a blower, pressure sensor, and microcontroller, maybe patents should be invalidated or something? (In the name of public health. Like they did for COVID when companies tried to protect their intellectual property on, coincidentally also, CPAPs/BiPAPs....)

      • Comment removed based on user account deletion
      • Reminds me of a time I was at the Bureau of Motor Vehicles to renew my driver's license. An elderly man was there for the same reason and was in the line ahead of me. When it was his turn, he sat down for the "vision test" which was basically images of six traffic signs you have to identify. He could "see them" he said, but not well enough to tell what color they were or the shape. So the test administrator went through them one at a time: "The first one is red, octagonal shaped and has four letters on
  • Is a small state, wouldn't be too hard to move to another state
    • by peterww ( 6558522 ) on Tuesday February 07, 2023 @11:10PM (#63274285)

      "Welp, hon, the gub'mit knows about my 'apnea, time to sell de house and move downy shoar..."

      • He legally has to notify the new state.

        And if he tries to transfer his license to a new state, he likely won't be successful to begin with because states share information.

        Almost all but a few states are part of the Drivers License Compact, and they share information.

  • by FeelGood314 ( 2516288 ) on Tuesday February 07, 2023 @10:05PM (#63274165)
    Proper sleep is a health and safety issue. Your medical files should never used against you if you voluntarily seek medical help. We don't want people to feel a risk of being penalized for seeking help. This needs to be regulated because so many idiot politicians (and voters) can't think ahead to the consequences of their actions. So many voters will say "if this saves just one life". But it won't, it will likely cost more lives because people with medical conditions won't seek help.
    • by Alypius ( 3606369 ) on Tuesday February 07, 2023 @10:17PM (#63274187)

      Your medical files should never used against you if you voluntarily seek medical help.

      This is a huge reason why people, particularly veterans, are reluctant to seek mental health attention; there have been more than a few documented cases of gun rights being revoked as a result of seeing a mental health professional. It was overturned [netdna-cdn.com] but the damage was done.

      • by skam240 ( 789197 ) on Tuesday February 07, 2023 @10:46PM (#63274229)

        Well I suppose valuing guns more than your mental health would be a mental health issue...

        • Re: (Score:3, Insightful)

          by Powercntrl ( 458442 )

          Well I suppose valuing guns more than your mental health would be a mental health issue...

          This is the USA you're talking about. We don't even require any sort of proof of firearms proficiency to purchase a gun. You just have to pay for the gun, pass a criminal background check, and it's yours. The 2A was written with the assumption that most people would've had some familiarity with firearms as part of day-to-day life in Colonial times, not from Hollywood [getyarn.io], as is the case today.

          • Hollywood?! I resent that! Most of my familiarity with guns is from Call of Duty!
          • by Alypius ( 3606369 ) on Wednesday February 08, 2023 @01:44AM (#63274535)
            I've had a military career, so I've had more firearms training than most and occasionally take it for granted and fail to remember that no, most people didn't start off with having Navy SEALs teach you how to carry and shoot (I'm not a SEAL, just fortunate enough to have worked with them). I'd love to have a government program set up that provided basic training with every purchase!
            • As a multi-gun owner because 'murica, the gun stores would love to take even more of your money to teach you how to shoot. A free or discounted program to at least give gun buyers some time 'behind the wheel' would be a great idea IMHO.

              For the CCW process, you actually had to shoot a bit at the end, so that's something.

              Wait, wasn't this article about sleep apnea?
          • :Addendum: I'm sorry you got hit with flamebait. You're pretty much right and "Armed and Dangerous" is a freaking hilarious movie!
        • Are there any other rights you'd like to see taken away for seeking medical attention?
          • Re: (Score:2, Insightful)

            by skam240 ( 789197 )

            All rights have limits and having mental health limits on gun rights is not at all inappropriate.

            And I I mean really, I see you in another post under my thread praising the idea of mandatory training being required so don't get all high end mighty with me on limiting rights.

            • Oh nonsense. Training is hardly the same thing as revocation. Still, maybe we could tie gun rights to voting. If you're too mentally impaired to have a gun, you also are too impaired to have a vote.
              • by skam240 ( 789197 )

                Well we don't allow felons to own guns so I don't think it's too outlandish to not let people legitimately diagnosed with violent mental instability to own them either.

                Makes a hell of a lot more sense than revoking someone's driver's licence for sleep apnea to me at least.

    • by Xenx ( 2211586 )
      And then there are people at the opposite end of the spectrum, like you, that aren't willing to accept that some people are higher risks due to their medical conditions. Unfortunately, that is just reality. It ain't fair, but it's what we got.
  • Cost vs Benefit (Score:5, Interesting)

    by joe_frisch ( 1366229 ) on Tuesday February 07, 2023 @10:47PM (#63274231)
    The US places an extremely high value on medical privacy. The need to to protect covid data may epidemiology and containment substantially more difficult. People's privacy was judged to be worth that cost.

    So any time medical data is going to be used, as in this case, it makes sense to find out the benefits for the large cost in privacy. How many additional deaths per year are the result of people who have sleep apnea driving, and how does that compare with an estimate of lives lost due to other medical privacy issues? If the statistics on deaths from driving with sleep apnea don't exist, then there is no justification for this law whatsoever.
    • Re: (Score:2, Insightful)

      by Anonymous Coward

      The US places an extremely high value on medical privacy.

      Unless you're a woman in a state run by batshit God-botherers.

    • Certain diseases like seizures, are reportable to the DMV (and FAA). Because being a driver or a pilot is a responsibility not just to yourself but to others. If you have a seizure you are not allowed to drive a car for at least a year, due to the risk of having another one if not properly medically managed. Severe OSA if left untreated can cause someone to nod off at the wheel, it's like narcolepsy. So there IS a justification in this instance.

    • How many additional deaths per year are the result of people who have sleep apnea driving

      CDC says that the primary symptom of sleep apnoea (drowsiness) causes close to 100k crashes a year causing many 10s of thousands of injuries and killing between 500-1000 people a year.

      and how does that compare with an estimate of lives lost due to other medical privacy issues

      Lives lost due to medical privacy issues? Like what? The government agent coming to your house and stabbing you because you were diagnosed with sleep apnoea?

      If the statistics on deaths from driving with sleep apnea don't exist, then there is no justification for this law whatsoever.

      Laws don't get created in a vacuum. Quite a few places in the world have laws against driving if you have sleep related issues precisely because inattentiveness when drivi

  • This seems crazy to us because it hasn't been applied to personal-vehicle licensing before, but people who drive big trucks or operate heavy equipment that could kill someone if they had a medical emergency are typically required to take a "DOT physical" every couple years as part of their licensing process. I had to take one because I operated a quarter-ton hoist at work that could drop 500 pounds on somebody's head if I suddenly nodded off.

    I don't know if the highway safety people dig into things beyond

    • by tech10171968 ( 955149 ) on Tuesday February 07, 2023 @11:11PM (#63274295)
      Glad you mentioned this. I'm a trucker and I agree with you: a lot of the hoops we have to jump through just to retain our CDLs are usually not acknowledged by nontruckers simply because no one's ever done anything like that to them. If the rest of the general public had to jump through the same hoops we do now just to keep their licenses (biannual physical exam, annual mandatory random urinalysis, disqualification for insulin-dependent type II diabetes, etc) not only would probably 40% of the public be actually *disqualified* from ever driving but there would be coast-to-coast riots. Welcome to the life of a freight jockey...
      • Thanks for doing stuff most of us, me as well, don't want to do.
        People don't give enough credit to long-haul truckers.
        Why would diabetes be bad for driving?

        • by NormalVisual ( 565491 ) on Wednesday February 08, 2023 @03:13AM (#63274649)

          Diabetes is a problem because if your blood glucose level is either too high or too low, it introduces the possibility of impairment in judgment, reaction time, or the possible loss of consciousness - similar issues to that which alcohol can cause. The FAA has similar restrictions for pilots with diabetes - there is ongoing testing and evaluation necessary to keep your pilot's license, with extra paperwork if you're taking anything other than insulin to keep your sugars under control.

  • by ArchieBunker ( 132337 ) on Tuesday February 07, 2023 @10:52PM (#63274243)
  • There is a related issue for medical certificates for pilots. Even non-serious medical conditions can result in a temporary loss of a flight medical, just due to the enormous paperwork and very long bureaucratic delays to get an exemption processed. This has resulted in many pilots not reporting medical incidents - ranging from chest pains, to vision issues. They don't want to risk losing their flying right for months or longer on the small chance the issue was serious.

    Interestingly in the last few ye
  • An epilepsy diagnosis results in an immediate driver's license suspension and has for decades AFAIK. Doctors are required by law to report them. This is nothing new.

    https://www.epilepsy.com/lifes... [epilepsy.com]

    The only question is how much risk a person's medical condition is to others on the road. Driving is a privilege, not a right.

    • An epilepsy diagnosis results in an immediate driver's license suspension and has for decades AFAIK. Doctors are required by law to report them. This is nothing new.

      https://www.epilepsy.com/lifes [epilepsy.com]...

      According to your own citation doctors are not required to report in Maryland.

      Driving is a privilege, not a right.

      The difference between privilege and right is illusionary.

      • If you read further down, "While Maryland law does not provide for the mandatory reporting by a physician of a person who has been treated for epilepsy, it does provide for the discretionary reporting to the Motor Vehicle Administration of persons who have “disorders characterized by lapses of consciousness.” MD. CODE ANN., Transportation 16-119 (2020)."

        By law the responsibility for reporting seizures is on the driver, not the doctor, i.e. the DRIVER is the one who is prosecuted if they have a

  • by dark.nebulae ( 3950923 ) on Wednesday February 08, 2023 @12:22AM (#63274429)

    Many states have laws requiring doctors to report to state DMVs for most diagnoses of sleep disorders. The reasoning is sound, if you have a disorder that causes you to fall asleep at the wrong time, you could cause a serious injury while driving.

    Unfortunately there are folks who know that a sleep disorder diagnosis may result in the loss of their driving privileges so they will often skip actual medical treatment and try to self medicate (caffeine or other drugs) so the DMV won't find out.

    • If we are going to say that anything that impairs drivers should be reported to the state and result in pulled licenses, then we need to be consistent, otherwise we're implementing some other agenda and "transportation safety" is just the cover story.

      Some of the same states handling sleep apnea [which contributes to very few annual accidents] this way are busy legalizing pot and are not treating pot use this way, even though there's plenty of data on pot and driving now, and it's just what the critics of le

      • this way are busy legalizing pot and are not treating pot use this way

        Citation needed. I don't know of any stated that allows you to legally drive impaired by anything, and that's the reason your argument is a strawman. You're talking about the legalisation of taking a substance while your post is attempting to compare it to driving a motor vehicle while impaired. They aren't the same thing.

        Many people take drugs and don't even own cars.
        Many people take drugs responsibly.
        Many people take drugs and it doesn't affect them.
        Many people take drugs and drive their car while impaire

  • This is ridiculous. If we're going to suspend driving privileges because of lack of (or poor) sleep, why are any medical residents still driving?

    I can maybe see being worried about people with narcolepsy. Sleep apnea isn't the same thing by a long shot.

    • Re: (Score:3, Insightful)

      by thegarbz ( 1787294 )

      No it's not. Deaths aren't exclusively caused by falling asleep at the wheel. Sleep apnoea universally makes a patient incredibly drowsy, it's one of the main reasons they seek medical attention in the first place. Drowsiness is a huge driving risk that causes 100k accidents a year in the USA alone, and no the overwhelming majority aren't people asleep at the wheel.

      You raise a good point about medical residents. Where I live there are legal requirements to manage fatigue in the workplace. My employer is obl

  • HIPPA. It's not what you think.

    • by pjt33 ( 739471 )

      Is it a female hippo? Certainly it's often confused with HIPAA, which is a heavily watered down GDPR.

  • If people who didn't get a good night sleep can't drive, then perhaps no one over 40 should drive?
  • I knew it applied to pilots, in fact diabetes and many other conditions disqualify your ability to get a medical to fly immediately.
  • From the original article: “But they should be aware that Maryland requires, if you are diagnosed with sleep apnea, to voluntarily submit that information.”

    That will discourage people from doing sleep studies and other treatment, at least in Maryland.

  • by 602 ( 652745 ) on Wednesday February 08, 2023 @12:21PM (#63275559)
    Per the CDC: "Drowsy driving was involved in 91,000 crashes in 2017—resulting in 50,000 injuries and nearly 800 deaths.3 In 2020, there were 633 deaths based on police reports.3 However, these numbers are underestimated, and over 6,000 fatal crashes each year may involve a drowsy driver." https://www.cdc.gov/sleep/feat... [cdc.gov]

    When I started using BiPAP a few years ago, my quality of life went way up.

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