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HIPAA I think?

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hogroll

Junior Member
What is the name of your state (only U.S. law)?


From Maryland, and I recently needed pre-employment lab work done from my physician before I could start working. After the results where in, the practice first drag their feet to send my results to my company. After a week of fighting with them to send my results, they sent the wrong lab tests of mine (suppose to send my urinalysis, instead my blood work which was for a personal matter) and which then cost me my job because the company never got the right lab test. I am completely upset that I lost an opportunity to work with an elite engineering company because of this practice negligence.
 


ecmst12

Senior Member
Most companies that require pre-employment drug testing require you to go to a facility of their choosing to have it done, why was that not the case? That would have prevented any possibility of mixing up the personal results with the employment results.

At any rate, sending the wrong results probably WAS a violation, but it doesn't sound like it was anything in those results that caused you to not get the job, it was because the employer did NOT get the results that they DID need. That means the violation was not the cause of you losing the job opportunity. You can still report the violation, but it won't get you any compensation, that's not what HIPAA is for.

You would be within your rights to stop doing business with this office because of their sloppiness, but I don't see any recourse beyond that.
 

hogroll

Junior Member
Most companies that require pre-employment drug testing require you to go to a facility of their choosing to have it done, why was that not the case? That would have prevented any possibility of mixing up the personal results with the employment results.

At any rate, sending the wrong results probably WAS a violation, but it doesn't sound like it was anything in those results that caused you to not get the job, it was because the employer did NOT get the results that they DID need. That means the violation was not the cause of you losing the job opportunity. You can still report the violation, but it won't get you any compensation, that's not what HIPAA is for.

You would be within your rights to stop doing business with this office because of their sloppiness, but I don't see any recourse beyond that.
My first lab test I did was with their own facility, which I past, but then they wanted a follow up on one of test results. So I lost my job because they failed to present me my medical records. That does not see right
 

swalsh411

Senior Member
So you had a job offer and the only remaining step was the formality this test?

Why was the first test not sufficient?
 

hogroll

Junior Member
So you had a job offer and the only remaining step was the formality this test?

Why was the first test not sufficient?
because the first test showed a result that did not seem possible, so they requested another one, and the new test which was done prove that the old test produce a false positive, but since my future employer never received the records, my time limit to turn in the forms expired ( the practice has had my records for 2 weeks now) so they have had enough time to fax a simple form.
 

swalsh411

Senior Member
After a week I would have physically gone to their office and stood by the front desk and refused to leave until I watched somebody fax it.

The problem you have is proving damages. And your failure to mitigate by ensuring the results were received by the employer. This is really a case of "nobody is looking out for you except you".
 

hogroll

Junior Member
After a week I would have physically gone to their office and stood by the front desk and refused to leave until I watched somebody fax it.

The problem you have is proving damages. And your failure to mitigate by ensuring the results were received by the employer. This is really a case of "nobody is looking out for you except you".
I have been in contact constantly with the employer and this practice. When they finally told me they sent my records, it was the wrong records I requested, wasn't even like it was old, but a completely different lab work they sent out. I had the job in the bag, was suppose to be attending training today, but without the correct records for the company to have, I couldn't be declared medical clear, so now I miss out on a competitive salary, and now have to deal with a college debt, and now recruiting job market is over next months to come.
 

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