employer shared out to another employee that i failed my drug screen. Are drug test results private medical information covered under HIPAA
Typically they are private and your employer should not ever disclose your result to other prospective employers should you ever look for another job. However, if another person from the same company finds out, its much more difficult to establish a cause for legal recourse. Depending on what the other employees role in the company is, he/she may have needed to know.
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
Workers' Compensation Lawyer
It depends on why the employer shared the drug screen results with the other employees. If it was a general announcement for no good reason ("Hey, everyone. Larry failed his drug screen. Ha!"), then you probably have legal recourse. If, however, the disclosure was, say, incidental to an internal investigation into your job performance, and the disclosure was necessary to complete that investigation, then the disclosure is likely not actionable. If you have any questions about your situation, you should contact an experienced employment lawyer immediately.
Employment / Labor Attorney
If the communication was not privileged within the workplace, you may very well have a claim for invasion of privacy. However, even though HIPPA may prohibit this there is no private right of action. For more information, look at the HIPAA website at www.hha.gov. Regarding a possible invasion of privacy claim, seek a consult with an employment law attorney.
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