Stop Mandatory Sleep Apnea Testing
Donación protegida
Greetings, my name is Drew McElvaney. I am an employee of a municipal street department at the city of Spokane. As a condition of my employment I am made to maintain a Commercial Drivers license ( CDL).
I recently had my required CDL Physical. You must have a CDL Physical every Two years or they revoke your CDL and you are made to re -apply for a noncommercial driver’s license. Essentially this would cost me my job.
I am healthy albeit have gained some weight. I take no prescription medication and passed my CDL Physical up until the doctor measured my neck. Because my neck is now larger than 17 and ½ inches I am being forced to take a sleep Apnea study to determine if I have sleep apnea. I am being forced against my will to undergo an invasive and discriminatory medical procedure to keep my job.
An act passed during the 113th congress, and signed into law prohibits physicians from using the body mass index scale to force you to have a sleep study done. This is known as Public Law 113-45 and was approved on October 15th 2013 (https://en.wikipedia.org/wiki/Public_Law_113-45)
Too make a long story short, I was prepared for this. I had been researching the facts for a while and was prepared when the doctor told me this. The doctor claims it is his prerogative to demand that I have the test in spite of the law. He also accused me of lying when I answered the question Do you ever get excessively drowsy during the day. I said no.
Apparently there are an additional 3 pre qualifiers to aid a physician's ability to force this upon you.
High Blood pressure, snoring, and excessive drowsiness. Also this doctor states everyone gets drowsy sometimes. A catch 22 kind of question! If you answer yes, you get forced to take the test. If you answer no, you are a liar and you are forced to take the test!
I told the doctor I did not need the test, that I do not want the test and sleep fine every night. I did not believe it necessary and that I do not believe I have Sleep Apnea. He told me 80 percent of the population has sleep Apnea to some degree. I said if that is true then why are you discriminating against me, forcing me to take the test Illegally forcing me to get tested if 80 percent of the population has sleep apnea why not test every one with a CDL then? Because it is not a rule! There for it is discriminatory!
I consulted with an attorney. She agrees this is not right however to represent me I need to have suffered damages. Personal and or Financial damages. She also believes this can become a Class Action suit considering how this is industry wide among CDL drivers.
I have not suffered any damages Yet! But if I do not have the screening it will cost me my job, (damages) , If that happens, with your help and contributions I will bring a class action law suit against the physician and the Federal Motor Carrier Safety Administration which is the agency that first required doctors to begin screening for Sleep Apnea in the first place. They to my understanding have since reversed the policy but the doctors are not discontinuing the forced screening procedure. Why?
Big Money! An entire industry (Trucking) at the mercy of a handful of specialist charging up wards of $2,100 just to screen you. And then another two to four thousand dollars to connect you to a C pap machine for life. FOR LIFE! And now the peripherals are starting up. Have you Heard all the recent C-Pap commercials on the radio yet!
I want to fight this and that is why I need your help. Attorneys are expensive. I also need other drivers that have been discriminated against to join with me and fight this.
I am tired of Government nanny’s interfering with people’s life’s
I am tired of a health care system that wants to make you have a condition so they can force you to buy a machine that can cost upwards of several thousands of dollars that a lot of Insurance companies will not cover nor should they!
I am angry that groups of physicians will make billions of dollars while forcing you into their trap in order for you to make a living and care for your family!
Please help end governmental over reach and get these greedy doctors out of our bedrooms, or tell me why you need to be an Olympic athlete in order to drive trucks!
Check often for updates and Thank you in advance for your support.
I recently had my required CDL Physical. You must have a CDL Physical every Two years or they revoke your CDL and you are made to re -apply for a noncommercial driver’s license. Essentially this would cost me my job.
I am healthy albeit have gained some weight. I take no prescription medication and passed my CDL Physical up until the doctor measured my neck. Because my neck is now larger than 17 and ½ inches I am being forced to take a sleep Apnea study to determine if I have sleep apnea. I am being forced against my will to undergo an invasive and discriminatory medical procedure to keep my job.
An act passed during the 113th congress, and signed into law prohibits physicians from using the body mass index scale to force you to have a sleep study done. This is known as Public Law 113-45 and was approved on October 15th 2013 (https://en.wikipedia.org/wiki/Public_Law_113-45)
Too make a long story short, I was prepared for this. I had been researching the facts for a while and was prepared when the doctor told me this. The doctor claims it is his prerogative to demand that I have the test in spite of the law. He also accused me of lying when I answered the question Do you ever get excessively drowsy during the day. I said no.
Apparently there are an additional 3 pre qualifiers to aid a physician's ability to force this upon you.
High Blood pressure, snoring, and excessive drowsiness. Also this doctor states everyone gets drowsy sometimes. A catch 22 kind of question! If you answer yes, you get forced to take the test. If you answer no, you are a liar and you are forced to take the test!
I told the doctor I did not need the test, that I do not want the test and sleep fine every night. I did not believe it necessary and that I do not believe I have Sleep Apnea. He told me 80 percent of the population has sleep Apnea to some degree. I said if that is true then why are you discriminating against me, forcing me to take the test Illegally forcing me to get tested if 80 percent of the population has sleep apnea why not test every one with a CDL then? Because it is not a rule! There for it is discriminatory!
I consulted with an attorney. She agrees this is not right however to represent me I need to have suffered damages. Personal and or Financial damages. She also believes this can become a Class Action suit considering how this is industry wide among CDL drivers.
I have not suffered any damages Yet! But if I do not have the screening it will cost me my job, (damages) , If that happens, with your help and contributions I will bring a class action law suit against the physician and the Federal Motor Carrier Safety Administration which is the agency that first required doctors to begin screening for Sleep Apnea in the first place. They to my understanding have since reversed the policy but the doctors are not discontinuing the forced screening procedure. Why?
Big Money! An entire industry (Trucking) at the mercy of a handful of specialist charging up wards of $2,100 just to screen you. And then another two to four thousand dollars to connect you to a C pap machine for life. FOR LIFE! And now the peripherals are starting up. Have you Heard all the recent C-Pap commercials on the radio yet!
I want to fight this and that is why I need your help. Attorneys are expensive. I also need other drivers that have been discriminated against to join with me and fight this.
I am tired of Government nanny’s interfering with people’s life’s
I am tired of a health care system that wants to make you have a condition so they can force you to buy a machine that can cost upwards of several thousands of dollars that a lot of Insurance companies will not cover nor should they!
I am angry that groups of physicians will make billions of dollars while forcing you into their trap in order for you to make a living and care for your family!
Please help end governmental over reach and get these greedy doctors out of our bedrooms, or tell me why you need to be an Olympic athlete in order to drive trucks!
Check often for updates and Thank you in advance for your support.
Organizador
Drew McElvaney
Organizador
Spokane, WA
