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  1. #1
    Spacers Guest

    Angry My HMO drug-tested me without my consent!

    I'm in California, and I belong to Kaiser HMO. As part of Kaiser's routine prenatal paperwork, I was given a consent form to have a drug test (I think it was called a UDAP?) which I refused to sign. At my next visit with my care provider, she said something like, "And your drug test was negative," at which point my husband & I had a fit because I had refused that test. She looked like a deer caught in headlights for a moment, then said she must have been looking at the wrong line. She looked at the computer and confirmed to us that it was refused.

    We didn't think about it again until I recently got a copy of my prenatal records. On the summary sheet of my prenatal chart, someone (probably the medical assistant who prepares the charts before each appointment) had hand-written the results of my lab tests, and the UDAP was listed as "Non-reactive." That was crossed out, and my provider had written, "Refused," next to it. I didn't see anything by the name UDAP in the lab record printouts, but it had to have been run; why else would the medical assistant have written it by hand in my chart?

    I am furious that Kaiser would run a drug test on me without my consent! What kind of recourse do I have?
  2. #2
    I AM ALWAYS LIABLE is offline Senior Member
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    My response:

    Why are you so incensed about a harmless drug test?

    Got something to hide?

    IAAL
  3. #3
    JETX is offline Senior Member
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    "What kind of recourse do I have?"
    *** Wow!! I can't believe the audacity of those HMO folks... testing you without your permission!!
    Here is what you need to do. Do you have $15,000 or so sitting around somewhere?? If not, start selling your 'extra' things.... ebay is good for that. Then, when you get, oh say, $10,000 of the money you need, start interviewing attorneys. Give them your money (with a promise for the rest) and have them file your lawsuit. Make yourself available whenever necessary for depositions, meetings with your attorney, etc. (take time off from work if needed). Then, if you are lucky, your case might see a courtroom in a year or two. Then, you get to hear the words you have been waiting for!!!
    "Case dismissed with prejudice,"
    Last edited by m martin; 06-01-2004 at 10:39 AM.
  4. #4
    Spacers Guest
    Ha ha ha, thanks for the jokes. Now, does someone who actually cares about whether corporations follow the law care to reply?

    I did contact the state board that regulates HMOs and was told they could investigate but that it's not a very high priority to them because I wasn't "injured" as a result of the HMO's actions.
  5. #5
    JETX is offline Senior Member
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    Quote Originally Posted by Spacers
    Ha ha ha, thanks for the jokes. Now, does someone who actually cares about whether corporations follow the law care to reply?
    *** Yep. Though it certainly APPEARS that a drug test MIGHT have been done without your permission, do you have any real PROOF of it???

    I did contact the state board that regulates HMOs and was told they could investigate but that it's not a very high priority to them because I wasn't "injured" as a result of the HMO's actions.
    *** And that is EXACTLY what my post was about!!
  6. #6
    stephenk is offline Senior Member
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    if you are pregnant, why are you concerned about your doctor making sure you arent taking drugs? Oops, now i get it. you ARE taking drugs.

    cant wait for the birth of your chicken mcnugget head child.
    Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger.
  7. #7
    I AM ALWAYS LIABLE is offline Senior Member
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    Quote Originally Posted by stephenk
    if you are pregnant, why are you concerned about your doctor making sure you arent taking drugs? Oops, now i get it. you ARE taking drugs.

    cant wait for the birth of your chicken mcnugget head child.


    My response:

    Stephen, that's basically what I was trying to convey to our writer when I said, "Got something to hide?"

    Of course our writer is a junky. She knows that a positive drug test will cause the State to take the child, when born, into protective custody.

    IAAL
  8. #8
    frylover is offline Senior Member
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    I wish the OP would show up and "explain" her objections to a drug test! When I was pregnant and had my bloodwork done MY only concern was that they check for ANYTHING that might present a danger to my baby.
  9. #9
    I AM ALWAYS LIABLE is offline Senior Member
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    Quote Originally Posted by frylover
    I wish the OP would show up and "explain" her objections to a drug test! When I was pregnant and had my bloodwork done MY only concern was that they check for ANYTHING that might present a danger to my baby.


    My response:

    Frybaby! Good to see you.

    Anyway, you're asking for a "perfect" world, and it's obvious our writer doesn't live in "Perfect". This is the way "druggies" think, Fry. They're more concerned about themselves, than the problems with a baby. Druggies only thing of themselves, and their safety - - no one else. It's called "screw the kid, just keep ME out of jail!"

    IAAL

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