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Drug Screen - Getting Results

CroutCrout 1,238 Posts
in HR & Employment Law Vote Up0Vote Down
We recently sent an employee to the local hospital for a drug and alcohol screen. The EE was suspected of being impaired on the job. The EE signed our standard consent form before submitting to the test. Now the hospital is telling us that they will not release the test results because it would violate HIPAA and that the form we use is worthless. If any my fellow Forum Foax have a form that is tried and true and could share it with me I would appreciate it very much. Thank you.
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Comments

  • 4 Comments sorted by Votes Date Added
  • BalloonmanBalloonman 972 Posts
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    I don't know about proper consent forms, but I would call my contact at the hospital. Assuming you use them for occupation injuries, they probably have someone in charge.
    I would explain that you are none to happy and if this consent form was an issue they should have informed you before this situation arose, and provided you with a sample of an acceptable one......
    I have always had a good relationship with my occupation medical providers. When I send people I get the initial phone call on results and they mail the hard copy. I don't see it as a HIPPA issue.
    It is not personal medical information, it is a possible company substance abuse situation.
    Try being nice, if that does not work I would be............ less pleasant.
    My $0.02 worth.
    DJ The Balloonman
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  • ray aray a 5,703 Posts
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    When we have ee's who test positive, the health care provider will call them first to break the news and be sure there are no legal prescription drugs involved that could have give a false positive reading. Then I am called by the provider and notified with a follow-up hard copy. My understanding drug screen results do not fall under HIPPA.
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  • mushroomHRmushroomHR 583 Posts
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    I agree with both of the prior responses. Drug tests results do not qualify as PHI under HIPAA if they are for an employment situation. As an employer you have a right to know that information.
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  • Richard SRichard S 23 Posts
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    I am getting ready to start using saliva tests. They are done right in your office and have the advantage that you don't deal with the hospital on that and the employee does not have time to delute thier system.
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