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    buster69's Avatar
    buster69 Posts: 12, Reputation: -1
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    #1

    Jun 22, 2010, 09:46 PM
    Hipaa violation
    I took a drug test at work but opted to quit prior to the results,few days later a fellow employee told me the operation manager disclosed my results,I work for an ambulance company,If this information gets out I can never work in the field again,, I just don't know how to handle this any ideas?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Jun 23, 2010, 05:58 AM

    Yes, this is definitely a violation of your privacy rights. Here is the website explaining how to report a HIPAA violation:

    eHow | How To Do Just About Everything! | How To Videos & Articles ›... › Healthcare Management
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #3

    Jun 24, 2010, 09:26 AM

    Sorry tick, I disagree. I don't see how the operations manager is bound by HIPAA law if they are not employed in the medical field.

    Privacy, maybe. HIPAA, no.

    On a separate note to the OP: let's say you get another job in that particular field and you cause an accident because you're under the influence of drugs. Trust me - that's going to cause you a LOT more trouble than just having to change careers.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #4

    Jun 24, 2010, 10:05 AM
    Quote Originally Posted by this8384 View Post

    On a separate note to the OP: let's say you get another job in that particular field and you cause an accident because you're under the influence of drugs. Trust me - that's going to cause you a LOT more trouble than just having to change careers.
    That is one excellent point !

    Tick
    buster69's Avatar
    buster69 Posts: 12, Reputation: -1
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    #5

    Jun 24, 2010, 10:06 AM
    My operation manager is a paramedic and we have hipaa compliance classes yearly.Also they have written up people for non-compliance they should be held in the accountable like the emplayees.Also the positive test results were never reviewed by the medical review officer with the emplayee to review of current medications that can cause a false positive so its strictly speculation..
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #6

    Jun 24, 2010, 10:17 AM
    Quote Originally Posted by buster69 View Post
    my operation manager is a paramedic and we have hipaa compliance classes yearly.Also they have written up people for non-compliance they should be held in the accountable like the emplayees.Also the positive test results were never reviewed by the medical review officer with the emplayee to review of current medications that can cause a false positive so its strictly speculation..
    The fact that you quit before the results were in speaks volumes; clearly, you already knew you were going to fail. And it's nobody's fault but your own that the results weren't reviewed - you were no longer an employee, remember?

    Can you prove that the manager released the information?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jun 24, 2010, 10:32 AM

    HIPAA provides protection against a CARE PROVIDER releasing information about you without permission. Was the Operation manager providing medical care to you? Was the company you worked for providing care? Obviously not, so there was no HIPAA violation.

    Yes your privacy was violated, and you may have a cause of action on that score. But no HIPAA violation. If you think there was, you weren't paying attention during the compliance classes.
    buster69's Avatar
    buster69 Posts: 12, Reputation: -1
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    #8

    Jun 24, 2010, 03:23 PM

    Well never assume,, aderal can make a false positive,, I opted to leave,,
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #9

    Jun 24, 2010, 03:42 PM

    So what happens at this point, if this failed test is part of your personel record, since you appear to know you were going to fail, you should have quit before taking the test, since yes, it is possible that it will be on your record
    buster69's Avatar
    buster69 Posts: 12, Reputation: -1
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    #10

    Jun 24, 2010, 04:54 PM

    well I never talked to the medical review officer to go over my medication I do take aderal.if I choose to review the meds I was taking with the perscription from the doctor I would have had clean results I opt to get out thyeir random drug testing is punitive not random plus being a at will employee isn't woth the stress,, so my results are speculative with the prior responses see how people are quick to judge
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #11

    Jun 24, 2010, 05:11 PM

    Really no, the results showed ( we assume) a failed test. Your actions may or may not be assumed to show guilt or suspect at best.

    Had you stayed or even now went to them and provided current prescriptions that could cause it, but unless you provided them the names of presciptions the assumption will be there are none.

    Well you do't care, we don't care, you asked and we told you it can be on your record, it could be provided to a company doing a back ground check, and is not a HIPAA issue, ( you were not a patient or customer)
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #12

    Jun 25, 2010, 07:25 AM
    Quote Originally Posted by buster69 View Post
    well i never talked to the medical review officer to go over my medication i do take aderal.if i choose to review the meds i was taking with the perscription from the doctor i would of had clean results i opt to get out thyeir random drug testing is punitive not random plus being a at will employee aint woth the stress,,,so my results are speculative with the prior responses see how people are quick to judge
    Let me get this straight - you want to know how to sue someone for "bad-mouthing" you which might prevent you from getting another job which you don't want to have in the first place?

    Thank you so much for wasting everyone's time.

    EDIT: I also don't see where anyone "assumed" anything or "judged" you. You said you took a drug test and quit before the results came in - if you were clean, you wouldn't have quit. If the results were clean, it wouldn't matter if the information "got out." Stop trying to play a victim, it's irritating and juvenile.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #13

    Jun 25, 2010, 09:19 AM

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