Failed Employment Drug Screens

MSG Private RallyPoint Member — Fri, 19 Jun 2015 14:30:57 -0400

I work at a lab site where we do civilian employment drug screens. Some of those are quick result tests. Those individuals have to present an ID for verification. Sometimes those IDs are military. My question, if a person presents a military ID, and they are active in the military (Reserve, Guard, etc.) and they fail the quick test, am I obligated to inform their COC? Can I inform their COC without violating HIPPA?

Response by CSM Michael J. Uhlig made Jun 19 at 2015 2:38 PM

CSM Michael J. Uhlig — Fri, 19 Jun 2015 14:38:27 -0400

Great question, probably best answered by the legal team here on RP.....I'd be interested in hearing their legal opine to this situation.

My assumption is that you might be violating the company policy if you inform the unit. However, once the unit commander is made aware of the accusations, I'd imagine any good commander would collect a sworn statement from the credible witness and proceed with a command directed urinalysis.

Response by A1C Nathan Fordahl made Jun 19 at 2015 2:43 PM

A1C Nathan Fordahl — Fri, 19 Jun 2015 14:43:03 -0400

That would be a direct HIPAA violation - so if you enjoy your job and possibly your freedom, I would strongly discourage notifying anyone but the ordering party

Response by SGT Jeremiah B. made Jun 19 at 2015 2:48 PM

SGT Jeremiah B. — Fri, 19 Jun 2015 14:48:30 -0400

HUGE violation of HIPPA. There is no provision for sharing information with parties that MAY have a vested interest in your personal medical information. At best, you're out a job. At worst, fines and jail time.

Response by MSgt Steven Holt, NRP, CCEMT-P made Jun 19 at 2015 3:14 PM

MSgt Steven Holt, NRP, CCEMT-P — Fri, 19 Jun 2015 15:14:36 -0400

Big time HIPPA violation!! You are NOT authorized to release medical information regarding a patient to anyone except the original requester (in this case, the potential employer).

I can appreciate your dilemma. The possible Federal penalties for violating HIPPA and the Privacy Act provisions just aren't worth the minimal gain. Hopefully, this individual is already on the CC's radar. My guess is the issue will self correct before much longer anyway.

Response by PO2 Skip Kirkwood made Jun 19 at 2015 5:31 PM

PO2 Skip Kirkwood — Fri, 19 Jun 2015 17:31:26 -0400

Uh, no. And if you do, you've violated HIPAA and are subject to a $50K fine for an intentional violation.

Response by SGT Josh Suchoski made Jun 20 at 2015 7:32 AM

SGT Josh Suchoski — Sat, 20 Jun 2015 07:32:01 -0400

You don't have to tell the commander. Just let the commander know that there is eminent need for a drug screening at your next drill. Lock everyone down and test the soldier according to Army standard. Bada-Bing!

Response by SFC Maury Gonzalez made Jun 20 at 2015 1:43 PM

SFC Maury Gonzalez — Sat, 20 Jun 2015 13:43:15 -0400

No HIppa Is specific on need to know by those rendering care, it will be a $50k possible violation fine on you.

Response by SFC Maury Gonzalez made Jun 20 at 2015 1:52 PM

SFC Maury Gonzalez — Sat, 20 Jun 2015 13:52:20 -0400

Here's the rules http://www.truevault.com/blog/what-is-the-penalty-for-a-hipaa-violation.html
Bottom line if you disclose up to $50,000