Was HIPPA violated in the process of my pre-employment drug screening?

[j99red]

I was sent for the run of the mill "pre-employment" drug screening by my new potential employer. An offer of employment had been extended contingent on my drug test results. The potential employer contracted Kroll (formerly infolink) to handle my testing. I was contacted by a Kroll representative that told me where and when to take my test. I take prescribed medications that I knew would affect my test results. I asked the Kroll rep about this and she told me "in the event of it showing up you will be contacted so you may provide the necessary information" They then sent me to a independent collection facility and my specimen was sent to Quest Diagnostics for testing. I waited for the return phone call from a medical professional to provide the necessary information. I then received a call from my potential employer that I had failed the test and had even specifically named the substance in question. I explained to him that I had prescription medication that contains this. I may be completely wrong here, but I am not supposed to be given the opportunity to explain my results before these are returned to the employer? I thought the employer was only supposed to receive a pass or fail response, not such specific information. I called Quest Diagnostics to complain and they said that there was no "medical review officer assigned to this account" however the rep I spoke to said the employer should not have been provided the information in this way, and that i should have been contacted prior to the results being released to the employer. (I was asked by the employer to provide documentation of the prescription to them as a result of this) The Quest rep suggested I contact a lawyer. Was I violated here? I feel I may lose this sorely needed job due to this, and I do not like the fact that even if I do get the job that they may always view me strangely or "watch" me due to my medications. Please help.

 

[theretoo]

prior to taking the ua did the form ask if you were taking am prescription meds....the last one i took did, i listed all prescription meds i was taking at the time

 

[j99red]

No they did not ask, I even asked at the testing facility as I had the information with me, I was told that they were only a collect site, they did not recieve results, and they did not collect that information

 

[theretoo]

i am only responding due to personal experience, but i found a site that might be helpful.

http://das.ohio.gov/hrd/dfwppoli.html

the last pre employment screening i took, in 2006, the questionaire clearly asked what prescription medications i was taking and in what doses. that only seems fair as some prescription meds may contain ingredients that can test positive for a certain class of drugs, like opiates, if someone is taking pain meds.

i would check with your state to see if the testing, without taking into consideration, legally prescribed prescription meds, is legal.

the employer outsources this duty to a company that does the screening, and i personally, would 'assume' that the company doing the screening would have to include a questionaire of some sort. the employer will tell you that they only get the results, pass or fail, it is the company that 'screens' that needs to ensure that all pertinent data is collected. if you have a copy, or can get a copy, of the original screening authorization that you signed, with the lack of this pertinent information being requested, that would be your 'documentation' that the company did not do their 'due diligence' in the screening process. if you can get a copy of your script from your dr or pharmacy and present that to the 'screening lab and the employer and ask what their 'appeal' process is, that would be the way to go, i would think.

 

[theretoo]

http://www.bgohio.org/departments/personnel-department/files/application_drugandmed.pdf