Are drug tests that are required by the DOT covered under the HIPAA privacy rules?
Employers, in their activities as employers (as opposed to health care plan sponsors), are not considered covered entities under HIPAA’s privacy rules. However, the medical providers that perform the drug tests may be covered entities. The U.S. Department of Health and Human Services indicated that employers and service agents do not need to obtain written employee authorization to disclose drug testing information. However, if the entity performing the drug test is covered by the HIPAA privacy regulations, they may stipulate that authorization is required to disclose the information. This information is addressed in J. J. Keller’s HIPAA Compliance Manual.
Employers, in their activities as employers (as opposed to health care plan sponsors), are not considered covered entities under HIPAA’s privacy rules. However, the medical providers that perform the drug tests may be covered entities. The U.S. Department of Health and Human Services indicated that employers and service agents do not need to obtain written employee authorization to disclose drug testing information. However, if the entity performing the drug test is covered by the HIPAA privacy regulations, they may stipulate that authorization is required to disclose the information. This information is addressed in J. J. Keller’s HIPAA Compliance Manual.
Related Questions
- Does the HIPAA Privacy Rules public health provision permit covered entities to disclose protected health information to authorities such as the National Institutes of Health (NIH)?
- Are drug tests that are required by the DOT covered under the HIPAA privacy rules?
- Who is covered by the HIPAA Privacy and Security Rules?
