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What Is The Maryland Law On Physician Obligation To Report Narcolepsy?


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#1 Saraiah

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Posted 01 February 2010 - 08:17 PM

I was told by my newest sleep specialist that it is against Maryland law for him to report my narcolepsy to the DMV. He and my first sleep specialist and I all agree that it would be extremely unsafe for me to drive, so that's not the issue.

I am fighting for my right to private disability benefits, and Prudential is arguing that since my doctor did not report my narcolepsy to the DMV, it must not be a problem. So, I am trying to find documentation of the law stating that my doctor may not make such a report. Does anyone know where to find it? Thanks much.

#2 drago

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Posted 23 April 2010 - 08:52 AM

I was told by my newest sleep specialist that it is against Maryland law for him to report my narcolepsy to the DMV. He and my first sleep specialist and I all agree that it would be extremely unsafe for me to drive, so that's not the issue.

I am fighting for my right to private disability benefits, and Prudential is arguing that since my doctor did not report my narcolepsy to the DMV, it must not be a problem. So, I am trying to find documentation of the law stating that my doctor may not make such a report. Does anyone know where to find it? Thanks much.


Hey Saraiah:

I'm not sure if it would be illegal to report your narcolepsy to the DMV, anymore than it would be illegal to report any health issue to the DMV that would affect your ability to drive. Do you currently possess a driving license? If not, the doctor might not be able to report your illness... as in, someone without the license to drive currently wouldn't have their medical problems reported.

It sounds like Prudential is pulling the same insurance-wool-over-the-eyes scheme game that most places use to confuse you. My insurance originally tried to deny me coverage for provigil because my MSLT didn't show an average of REM onset at 5 minutes, therefore I didn't have narcolepsy, apparently. My doctor had to write to them and explain the diagnosis (which is ridiculous, given my REM onset average is 8 minutes) and they approved provigil. Funny story, though - they told me I could ask my doctor about "alternative medicine" when they told me it would be a 30-day review period to get Provigil approved. Essentially, if the doctor had prescribed me a generic drug for narcolepsy, there would be no ridiculous claim that I didn't have the disorder - but because the drug was expensive, they told me I didn't qualify to be considered "narcoleptic." However, it is incredibly clear to me that they would have covered me if it was cheaper - so my diagnosis was definitely NOT the problem.

I'm guessing this is the same thing here. The DMV not receiving a report about your disorder is not the actual problem. If you do have the doctor report to the DMV, all that will happen is they will come up with another excuse. So, I would recommend asking Prudential what exactly you need for them to qualify your claim. Get it in writing, so if they try to tell you you need more - or you did it wrong - you can show them they've put you through this before and they need to own up.

As to finding out the Maryland Laws - the only way to do this, I've discovered, is to call the DMV and ask.

drago

#3 Stacy D

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Posted 22 July 2010 - 05:10 PM

Maryland is a self-report state. The doctor cannot and will not report you himself. When you self-report they send you a ton of paperwork that you and your doctor fill out. That is when the doctor should tell them he doesn't think you should drive. In my case, I passed an MWT and MD let me keep my license, but I have to repeat the process annually.

#4 Saraiah

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Posted 22 July 2010 - 06:10 PM

Maryland is a self-report state. The doctor cannot and will not report you himself. When you self-report they send you a ton of paperwork that you and your doctor fill out. That is when the doctor should tell them he doesn't think you should drive. In my case, I passed an MWT and MD let me keep my license, but I have to repeat the process annually.


Stacey, do you happen to know if that self-report rule is documented for Maryland somewhere online, or where one can get written documentation of it? Just in case the issue ever rears its ugly head again... Thanks.

Saraiah