DOT provides guidance on drug and alcohol testing
HIPAA Weekly Advisor, June 28, 2003
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HIPAA does not require employers and service agents in the Department of Transportation's (DOT) drug and alcohol testing program to obtain employee authorization before disclosing testing information, according to a Q&A recently posted on the DOT's Web site.
"DOT-required drug and alcohol testing information differs significantly from health information covered by HIPAA rules," reads the posting. "Even if DOT drug and alcohol testing information is viewed as protected health information under Part 164 [of HIPAA], it is not necessary, under Section 164.512(a), to obtain employee written authorization where Federal law requires the use or disclosure of otherwise protected health information." Unless otherwise stipulated by 49 CFR Part 40, the Omnibus Transportation Employees Testing Act of 1991 and DOT agency drug and alcohol testing regulations require use or disclosure of DOT drug and alcohol testing information without a consent or authorization from employees, the agency said.
Go to http://www.dot.gov/ost/dapc/main/QandAHIPAA05031.htm to read the Q&A.
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