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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?
Posted in these groups: 
Law
Jobs
Civilian CareerHealth Insurance Portability and Accountability Act Certification (HIPAA)
Law Jobs Civilian CareerHealth Insurance Portability and Accountability Act Certification (HIPAA)
Posted 9 y ago
Responses: 8
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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
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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.
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.
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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.
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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.
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.
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LCDR (Join to see)
I agree with CSM Uhlig. Contact legal and find a solution. I work as a Coast Guard Investigator and drug consortiums contact me when Merchant Mariners pop positive but in our case, there is law to back it up.
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SFC Maury Gonzalez
Not allowed under hippa rules, the civilan job screening is not related to military job need to know, punishable up to $ 50,000, even if you claim not to know rules
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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!
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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
Bottom line if you disclose up to $50,000
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No HIppa Is specific on need to know by those rendering care, it will be a $50k possible violation fine on you.
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Uh, no. And if you do, you've violated HIPAA and are subject to a $50K fine for an intentional violation.
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