HIPPA
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@scottalanmiller said
that it came from a medical centre would be PHI so the release is certainly a HIPAA violation. It's also misuse of access and a violation of privacy.
Right. The employer isn't a covered entity, but it's likely whoever conducted the test is.
Similar to this...
http://www.hhs.gov/hipaa/for-professionals/faq/499/am-i-a-covered-entity-under-hipaa/index.htmlOur employeer does the drug test themselves. We have our own nurses, safety, doctors etc.
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Are you sure they got it from the test and not elsewhere?
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@Jason reporting your own employer might not end well for you....
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Are you sure they got it from the test and not elsewhere?
Yes, she even told me that's where she got it.
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@aaronstuder said in HIPPA:
@Jason reporting your own employer might not end well for you....
Law is the law. They bringing a lawsuit upon themsevles if they fire me for reporting them...
Yup, a lawsuit that should be handled directly by the state. They can't fire you to attempt to sway a lawsuit.
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“Health information means any information, whether oral or recorded in any form or medium, that–(A) is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse; and
Notice that employer is specifically covered.
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Where did you get that snippet from?
To my knowledge employers are not covered under the HIPAA rule. In the same way a manufacturer you give medical info to is not.
Not applicable here, because a different circumstance, but by definition employers are not covered under the rule to my knowledge.
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The Privacy Rule does not protect your employment records, even if the information in those records is health-related. In most cases, the Privacy Rule does not apply to the actions of an employer.
If you work for a health plan or a covered health care provider:
The Privacy Rule does not apply to your employment records.
The Rule does protect your medical or health plan records if you are a patient of the provider or a member of the health plan. -
The Privacy Rule does not protect your employment records,
So your employer can share your SSN, what medications you are taking, disabilities etc with anyone? That doesn't seem correct.
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@Jason said
So your employer can share your SSN, what medications you are taking, disabilities etc with anyone? That doesn't seem correct.
They should never have any of your health information. They cannot get it without your consent, unless you give it to them.
Here's the whole page I took that snippet from. (It's short.)
http://www.hhs.gov/hipaa/for-individuals/employers-health-information-workplace/index.html
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@Jason said
So your employer can share your SSN, what medications you are taking, disabilities etc with anyone? That doesn't seem correct.
If they have that information because you are a patient, than no, they cannot do that.
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@Jason said
So your employer can share your SSN, what medications you are taking, disabilities etc with anyone? That doesn't seem correct.
They should never have any of your health information. They cannot get it without your consent, unless you give it to them.
Here's the whole page I took that snippet from. (It's short.)
http://www.hhs.gov/hipaa/for-individuals/employers-health-information-workplace/index.html
Um most employers including mine requires current prescriptions on file, and if you take a drug test you have to list medications you are taking as well.
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The Privacy Rule does not apply to your employment records.
The Rule does protect your medical or health plan records if you are a patient of the provider or a member of the health plan.but we are talking about his health record here and the employer is the provider. So while the first bit is true (that's covered by other laws) the second part still applies.
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@scottalanmiller said
but we are talking about his health record here and the employer is the provider. So while the first bit is true (that's covered by other laws) the second part still applies.
Correct. But in any other instance where you are not a patient of the covered entity itself, it does not apply.
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Where did you get that snippet from?
To my knowledge employers are not covered under the HIPAA rule. In the same way a manufacturer you give medical info to is not.
From the link provided earlier.
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@Jason said
So your employer can share your SSN, what medications you are taking, disabilities etc with anyone? That doesn't seem correct.
They should never have any of your health information. They cannot get it without your consent, unless you give it to them.
Here's the whole page I took that snippet from. (It's short.)
http://www.hhs.gov/hipaa/for-individuals/employers-health-information-workplace/index.html
Um most employers including mine requires current prescriptions on file, and if you take a drug test you have to list medications you are taking as well.
They do? I have never talked to or seen an employer that requires this. It actually may be illegal to request this in NY.
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the same HHS link that you provided, is the one that said employers were covered as having to comply.
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@Jason said
So your employer can share your SSN, what medications you are taking, disabilities etc with anyone? That doesn't seem correct.
They should never have any of your health information. They cannot get it without your consent, unless you give it to them.
Here's the whole page I took that snippet from. (It's short.)
http://www.hhs.gov/hipaa/for-individuals/employers-health-information-workplace/index.html
Um most employers including mine requires current prescriptions on file, and if you take a drug test you have to list medications you are taking as well.
They do? I have never talked to or seen an employer that requires this. It actually may be illegal to request this in NY.
I think it is illegal most everywhere. I've never had something like that even mentioned or suggested. Even in Texas I've never heard of anything like that. I'm pretty sure it is illegal in most of the larger states. (NY, CA, TX, etc.)
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@scottalanmiller said >
I think it is illegal most everywhere. I've never had something like that even mentioned or suggested. Even in Texas I've never heard of anything like that. I'm pretty sure it is illegal in most of the larger states. (NY, CA, TX, etc.)
Yeah, pretty sure that's illegal, or could at least be fought.
Some professions in some states may require you to self-report.
And if the drug test divulged the results, that would be a HIPAA violation.
