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Liability, Confidentiality & HIPAA Compliance

Overview

This page provides information about liability, confidentiality and HIPPA compliance related to the mandatory and voluntary reporting of at-risk drivers, i.e., individuals who have a limitation or condition that interferes with or diminishes their ability to safely operate a motor vehicle.
 
You may use the links below to go directly to any section:
Confidentiality & HIPAA Compliance
For purposes of sharing medical information under the Health Insurance Portability and Accountability Act (HIPAA), DMV is considered a public health entity. DMV is the state agency responsible for public health matters relating to the monitoring of drivers who may be ineligible for driving privileges because of a disease or disability resulting in a cognitive or functional impairment that affects the driver’s ability to safely operate a motor vehicle. 
 
The medical information contained in the reports required by DMV is confidential and shall only be used to determine the qualification of a person to safely operate a motor vehicle, and for taking any action deemed necessary by DMV. The protected health information required to be reported by Administrative Rule is the minimum necessary to accomplish this purpose. 
 
To protect the privacy of the information being shared, DMV does not allow reports to be filed via Internet or e-mail. They may only be faxed or mailed to DMV. Once received, the information from the reports is entered into a database that is protected behind an electronic firewall.

Liability
Mandatory Reports:
Oregon Revised Statutes (ORS) 807.710 states that "if a designated physician or health care provider makes a report to the department in good faith, that person shall be immune from civil liability that might otherwise result from making the report. If a designated physician or health care provider does not make a report, that person shall be immune from civil liability that might otherwise result from not making a report." 
 
This applies to physicians and health care providers who report in good faith and whose patient has met the mandatory reporting threshold of "severe and uncontrollable" as defined in Administrative Rules. 
 
Non-Mandatory (Voluntary) Reports:
House Bill 2195, passed by the 2013 Oregon Legislature, provides physicians and health care providers civil immunity for submitting non-mandatory (voluntary) reports to DMV.
 
Beginning January 1, 2014, civil immunity is extended to physicians and health care providers who report in good faith under non-mandatory (voluntary) reporting program. This immunity clause only covers physicians and health care providers who are reporting a patient and submit voluntary reports in good faith. It does not cover individuals outside the health care profession who submit voluntary reports to DMV. For more information, refer to our Information Sheet on immunity from civil liability for physicians and healthcare providers.
 
Related Information
Additional information that may be relevant includes: