Do I have a right to obtain the results of a pre-employment physical anddrug screen?
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Do I have a right to obtain the results of a pre-employment physical anddrug screen?
If so, can I get the results through the testing facility, or through the employer?
Asked on September 21, 2010 under Employment Labor Law, Illinois
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
If your employer requires you be tested as part of your employment, or continued employment, you should be entitled to obtain the results directly from the testing location. The tests you give might be part of HIPAA rules, which only allow certain items to be given to your employer or potential employer while the detailed results or report should be given to you. HIPAA concerns medical privacy and what items can be disclosed by medical facilities to which entities or persons. If you are having difficulty obtaining the results, recheck the documentation you signed giving permission to be tested. It may include disclosures or waiver information regarding those very same testing results.
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