HIPAA and Drug Testing

scottorr

Does drug testing fall under HIPAA. The information obtained from it will be used as a part of a pre-emplyment post offer screening. I have been given conflicting information on this issue. I have had two attorneys tell me no and two tell me yes! You know it's bad when attorneys can't even tell you what the law says!!!!!! We have consent forms already in place but they do not address HIPAA specifically. Do I need to have these employees sign an authorization form in addition to the release? In addition do I need to give potential candidates a copy of our privacy notice?

LindaS

My understanding of HIPPA, and I'm not an attorney, is that this type of information does NOT fall under HIPAA guidelines.

Don D

Urinalysis drug testing is not a medical procedure. Therefore, its results are not considered private or personal medical information and are not subject to HIPAA regulations.

An invasive blood test would be covered if it were a medical procedure, which I suspect it always is.

2406663

The rules of HIPAA apply to clients and employees. Therefore, if these are applicants undergoing testing they do not need a copy of your Privacy Notice or
a HIPAA specific consent form. The consent forms that you currently use should be sufficient. (The lab at which the work is done would be responsbile for
a HIPAA agreement/form). Once someone is hired - then they would be presented with your Privacy Statement and confidentiality agreement.

Remember - any pre/post employment medical test results is confidential and would fall under HIPAA.

Don D

I would like to respectfully re-emphasize that a urinalysis is not a medical test, under any circumstances, if its purpose is to determine illegal drugs.

cindy01

Can anyone tell me if an employee is entitled to a copy of their drug testing results.

Don D

No. It's a document paid for by the company and owned by the company.

Nat

Drug tests are part of the personnel record and therefore not subject to the rules under HIPAA.