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I have a student that was coming through our school program and his employer was paying his tuition. He failed his drug screen and therefore was sent home and his employer is requesting a copy of his
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HIPPA
posted at 2/22/2010 9:17 AM EST
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Posts: 81
First: 4/27/2004 Last: 2/22/2010 |
I have a student that was coming through our school program and his employer was paying his tuition. He failed his drug screen and therefore was sent home and his employer is requesting a copy of his results from his drug screen. Can we give them this information since they were paying his tuition or does this break HIPPA laws? Thanks for all your help! |
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HIPPA
posted at 2/23/2010 3:50 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Agree with Dave. What paperwork did the student sign when he started the program? What was stated about the privacy of the results of the drug test? If he hasn't given permission, I wouldn't reveal the results.
The only other out I can possibly see -- and maybe Dave can add more -- but there are some different drug testing rules and reporting for the transportation/trucking industry. If your training falls under that industry, you need to check into the specific rules/laws there. There is something niggling in the back of my head about it being mandatory to give results to an employer...but don't quote me on that....but do look up the specifics if you are in that industry (which I am not). |
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HIPPA
posted at 2/23/2010 4:30 AM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
Barring any narrow exception such as what rrupert notes above, your risk of adverse legal action by sharing the test results could be significant. For example, if the employer terminates the employee as a result of this drug test and its later shown that you violated privacy rights or the results were inaccurate, you could be on a very large hook.
If the employer is that concerned, let the employer conduct its own test. |
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