Are drug test results covered under Hipaa?

Are drug test results covered under Hipaa?

HIPAA stipulates that “covered entities” must provide HIPAA-compliant authorization before releasing drug and alcohol test results. Collection facilities or labs employed for the drug test will typically have an authorization form.

Are drug test results medical records?

According to the Equal Employment Opportunity Commission (EEOC), “if the results of a drug test reveal the presence of a lawfully prescribed drug or other medical information, such information must be treated as a confidential medical record.” As a best practice, all drug test results should be filed in a confidential …

What happens if you test positive for drugs at the hospital?

If the test results in a positive reading, meaning there is drug residue in the body, the results are forwarded to a medical review officer, who reviews the results and looks for any possible valid medical explanation for the results. “As a medical review officer, I would review a patient’s medical history.

What happens when an employee tests positive for drugs?

An employee whose drug test comes back positive has the right to contest the result. They can request the same sample be retested at another licensed and approved laboratory at their expense. However, it is not advisable to let the employee retest, as time has passed and they might attempt to cheat the test.

Do failed drug tests get reported?

The Process of a Failed DOT Drug Test DOT drug test results are reported directly to the employer. This means that if your test comes up positive, your employer will know. While many of the drugs tested for may be illegal, there are legal and medical reasons why a test may result in a positive.

What is considered reasonable suspicion for drug testing?

Evidence is based upon direct observation, either by a supervisor or another employee. Specific reasons for reasonable suspicion testing include physical evidence of illicit substances, patterns of erratic or abnormal behavior, disorientation or confusion and an inability to complete routine tasks.

What are your rights if you fail a drug test?

Failing a drug test in California means that an employer can legally deny you employment, or terminate your employment depending on the conditions of your hiring. Once you have been hired, the employer may choose to continue your employment but decline to promote you until you pass the next series of drug tests.

How are drug test results confidential under HIPAA?

Workplace drug testing that falls under DOT requirements comes with specific guidelines around the disclosure of drug testing information. Positive test results will be recorded on the employee’s employment record. This information will be shared with future employers of DOT-regulated job positions.

What do you need to know about HIPAA approval?

HIPAA Authorization. HIPAA stipulates that “covered entities” must provide HIPAA-compliant authorization before releasing drug and alcohol test results. Collection facilities or labs employed for the drug test will typically have an authorization form.

Can a employer know the results of a drug test?

An employer may be authorized to know the results of an employee’s drug test (pass or fail), without being offered any more detailed information. Alongside HIPAA requirements, employers should consult with a local attorney to ensure they are compliant with any applicable state laws.

What are the implications of HIPAA and Employee Confidentiality rules?

Implications of HIPAA and Employee Confidentiality Rules on Positive Drug Test Results. And in most instances, the HIPAA Privacy Rule doesn’t apply to the actions of an employer. However, the Privacy Rule does protect an employee’s medical or health plan records if she is also a patient of the provider or a member of the health plan.