Is it a HIPAA violation if my HR boss blurted out the results of my drg screen to me around other employees?

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Is it a HIPAA violation if my HR boss blurted out the results of my drg screen to me around other employees?

I feel as if my name and character has been slandered. Her exact words being, “You tested positive for cocaine and marijuana”. I feel as if the test results are false as well. I do not do cocaine or marijuana. Test results were supposed to be present within the hour after taken; the 23d of last month. However, I was not told until the 4th of this month, after all the training I went through to become a lifeguard. My aquatics manager seemed to know what drugs I failed as well when I spoke to him. I don’t know what to do. Where is the confidentiality? She was supposed to be professional.

Asked on May 4, 2012 under Employment Labor Law, Kansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A HIPPA violation results when medical personnel improperly release medical information about a patient to a third person who is legally not entitled to receive such information.

In your circumstances the mention of your employer's representative blurting out to others at work about being tested postive for a controlled substance was not a HIPPA violation in that your employer is not a health care practioner.

However, depending upon how the employer's representative received such information could be a HIPPA violation unless your employer has mandatory drug testing for all employees at work.

For the HR representative to be stating what was stated in the way it was could very well be a violation of office protocol and a violation of your right to privacy. I would consult with an attorney that practices labor law about your situation for a further opinion about your matter.

 


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