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    lilmama791977's Avatar
    lilmama791977 Posts: 2, Reputation: 1
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    #1

    Jun 20, 2012, 01:51 PM
    HIPAA rights violated?
    my hr department told me that I was being suspended from my job due to a random drug screening test result returning as positive. That night I was called and told by another staff member that she heard I got fired cause something was found during my test reading. The following morning my manager told me that she was told per her manager that I was suspended and not to return to the property cause I failed my drug screening. Is this a HIPAA violation and do I have a case?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jun 20, 2012, 01:58 PM
    First its not a good idea to piggyback your question on another thread. To avoid confusion, I've moved you question to another thread.

    Why would you think there is a HIPAA violation here? No one providing medical care for you revealed any information without permission.
    lilmama791977's Avatar
    lilmama791977 Posts: 2, Reputation: 1
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    #3

    Jun 20, 2012, 02:12 PM
    Quote Originally Posted by ScottGem View Post
    First its not a good idea to piggyback your question on another thread. To avoid confusion, I've moved you question to another thread.

    Why would you think there is a HIPAA violation here? No one providing medical care for you revealed any information without permission.
    So does that mean that it was OK to tell others about my results (medical) other than myself? I'm asking cause I need help with understanding. Thanks
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jun 20, 2012, 02:37 PM
    Quote Originally Posted by lilmama791977 View Post
    so does that mean that it was ok to tell others about my results (medical) other than myself? ...
    Maybe not OK, but probably not a violation of law, and certainly not a violation of HIPAA.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #5

    Jun 20, 2012, 02:44 PM
    Some companies have policy about not revealing medical conditions to other employees, but it sounds like yours doesn't.
    It's not a HIPAA issue, which concerns medical information given to other medical providers.
    Second, many companies consider that any medical condition that could possibly hamper or endanger another employee or the company as a whole to be knowledge that is allowed to be disseminated. Results of drug tests would easily be in the category of information vital to the workplace and the people in it, whether it endangers your work, their work, or their person. And of course managers and people higher up have to know.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Jun 20, 2012, 03:18 PM
    Quote Originally Posted by joypulv View Post
    ...
    It's not a HIPAA issue, which concerns medical information given to other medical providers ...
    '

    Actually HIPAA concerns medical information given by medical providers, and to anyone. But since OP's employer is not providing medical services to OP, indeed HIPAA doesn't apply.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jun 20, 2012, 05:09 PM
    Quote Originally Posted by lilmama791977 View Post
    so does that mean that it was ok to tell others about my results (medical) other than myself? i'm asking cause i need help with understanding. thanks
    As noted, it has nothing to do with HIPAA. Since we don't know what company policy is and we don't know how the staff member found out or what exactly they were told, its hard to say if anything wrong was done.

    The fact is that you apparently failed a drug test which is probably grounds for immediate suspension.The other staff member may have been told because they needed to know you wouldn't be in.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Jun 20, 2012, 05:10 PM
    Hipaa does not apply in this case, since this is not a medical professional giving out that info.
    There were some years ago, don't know about current rules on how information is stored though OHSA.

    This is most likely a violation of a company policy or rule.

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