Is finding a job hard if a hosp. considers their patient a substance abuser & patient consents medical records be shared/sought?

Asked 12 months ago - Orlando, FL

let's suppose a hospital may have considered a patient to be a substance abuser. If the patient disagrees with this, but is not made aware the hospital has determined this and signs consent for the hospital to share and receive their medical records, can this be detrimental to said patient allowing employers to access medical records even if patient disagrees with the diagnosis? This was not based on drug testing, can the patient take an independent drug test to refute the claim shortly after consent? Can consent be withdrawn, and if so, would it make a difference or is the damage done? I believe HIPPA has little power to protect confidentiality again once consent has been given, even if withdrawn afterward, correct? Would this affect patient getting accepted into college as well?

Attorney answers (3)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . There is no private right to sue under HIPAA.

  2. Clifford M. Miller

    Pro

    Contributor Level 18

    Answered . I suppose that if you give someone access to unfavorable medical records you could be harmed. But, I do not see any lawsuit here.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client... more
  3. Elizabeth Taylor Herd

    Pro

    Contributor Level 19

    Answered . Yes you can withdraw your consent for anyone to receive records, or not give it to the potential employer to start with when you apply.

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