Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Other Law (https://www.askmehelpdesk.com/forumdisplay.php?f=190)
-   -   HIPAA rights violated? (https://www.askmehelpdesk.com/showthread.php?t=152424)

  • Nov 15, 2007, 02:32 PM
    JudyKayTee
    Quote:

    Originally Posted by seriously
    I was not presented with a release. According to our drug testing policy, they could do random drug testing on an employee or if the employee seems to be under the influence of drugs. Which I doubt was reported by anyone because I just recently had an excellent review and a raise to boot for it.


    Did you ASK why your test results were forwarded to the Police?
  • Nov 15, 2007, 02:35 PM
    J_9
    Quote:

    Originally Posted by seriously
    To me it is a big deal, because if my HIPAA privacy was violated then it was wrong for my employer to do so and I have legal rights period.

    HIPAA has to do with medical records to and from medical institutions primarily. If your doctor released this information then I would say yes. But with your employer you have implied consent for drug tests to be turned over to the proper authorities. Again, if your doctor turned the results over, you would have a case.
  • Nov 15, 2007, 02:37 PM
    seriously
    Quote:

    Originally Posted by JudyKayTee
    Did you ASK why your test results were forwarded to the Police?

    No I did not and I prefer not to ask why to my employer. I have no problem asking the police if they will give me that info. If they will release it.
  • Nov 15, 2007, 02:39 PM
    J_9
    Here is the website for HIPAA HHS - Office for Civil Rights - HIPAA

    Best to get it straight from the horse's mouth.
  • Nov 16, 2007, 10:22 AM
    JudyKayTee
    Quote:

    Originally Posted by seriously
    No I did not and I prefer not to ask why to my employer. I have no problem asking the police if they will give me that info. if they will release it.



    If you are not using and your tests are clean, I don't see the problem having this info released to the Police. In theory it's a violation of your rights but if you don't want to talk to your employer I guess you'll have to live with it.

    (If there is some confidential informant out there or if your name came up in an investigation or your employer had questions there is no way the Police are going to tell you anything. I can't believe that the test results of everyone in your Town are forwarded to the P.D. so something must be going on.)

  • All times are GMT -7. The time now is 07:06 PM.