Thus, it makes no difference if the employer is a healthcare provider, like an urgent care center. 4 This specifically refers to medical treatment sought in the employer’s primary business (ie, the employee becomes a patient), in which the medical record would be treated with the same privacy protections as every other patient record. However, the Privacy Rule does protect an employee’s medical or health plan records if she is also a patient of the provider or a member of the health plan.
And in most instances, the HIPAA Privacy Rule doesn’t apply to the actions of an employer. It is important to note that the HIPAA Privacy Rule doesn’t protect an employee’s employment records-even if the information in those records is health-related. Healthcare provider drug testing policies As part of this process, employees who undergo a drug test will typically sign a release at the time of the test to permit the employer to receive the results. An employer should have restrictions on how (and if) such information can be shared with others. This may include the human resources department and the hiring or supervising manager. Within an employer’s organization, policies should state who has access to this personal health information (PHI). This can include an investigation or litigation concerning a claim related to the drug test, such as an employment issue, workers’ compensation, or a criminal matter.3
Most states regard drug-testing results as confidential, as well.ĭrug test results may not be disclosed to third parties except as required by law or pursuant to a court order. Department of Transportation regulations) require companies to treat test results as confidential. The rules pertaining to patient privacy are reasonably clear, but questions arise as to whether drug test results are protected health information under HIPAA when performed for employment purposes.įederal statutes, including HIPAA, the ADA (Americans With Disabilities Act 2), and other employment laws (eg, the Drug-Free Workplace Act (DFWA), the Fair Credit Reporting Act (FRCA), and U.S. HIPAA is a concern for all healthcare organizations, including privately owned urgent care companies. This article will examine the impact of HIPAA requirements on employee drug test results, the protections afforded employees, and the potential liability for healthcare providers such as urgent care centers.ĭrug Test Results as Protected Health Information However, the results of a drug test are generally protected by both federal and state laws.
There isn’t any overarching federal law that requires or prohibits drug testing by private employers, but many states have enacted laws regarding employee drug testing.
It’s standard procedure throughout the country for employers to require employees and applicants to submit to drug testing both before and after being hired. Ayers, MBA, MAcc is Vice President of Strategic Initiatives for Practice Velocity, LLC and is Practice Management Editor of The Journal of Urgent Care Medicine Therefore, it’s important to understand the laws affecting the privacy of drug screen results.Īlan A. Urgent message : In addition to drug testing their own employees, many urgent care centers offer drug testing as a service to other employers.
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