• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Hipaa Law Question??

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

popcornfart

Junior Member
What is the name of your state? WV

I applied to LPN school and made the waiting list for the school. I was invited to attend the orientation and a urine drug test was done by the teachers of the school. I took the test and was told "okay I could leave" then they came to me later and told me I tested positive for TCH, but provided no proof..
I told them this could not be and demanded another test..they said okay..they gave me 24hrs to take another one at a hospital which I did and passed. But anyway, at the end of the orientation day, they said they needed some people to stay over and called out the names..mine included. Then announced about failing the drug test infront of the other people and what we needed to do next. I was shocked by this..as I thought this fell under the HIPAA Law..
It turned out that one of the other girls knew someone I knew and she called her and told her I had failed my drug test..she would not of known this if the school had not announced it...
I feel this should of been kept in confidence and I should of been taken by myself and told what to do next, am I right??..
Do I have a lawsuit?
 


Curt581

Senior Member
popcornfart said:
I applied to LPN school and made the waiting list for the school. I was invited to attend the orientation and a urine drug test was done by the teachers of the school. I took the test and was told "okay I could leave" then they came to me later and told me I tested positive for TCH, but provided no proof..
I told them this could not be and demanded another test..they said okay..they gave me 24hrs to take another one at a hospital which I did and passed. But anyway, at the end of the orientation day, they said they needed some people to stay over and called out the names..mine included. Then announced about failing the drug test infront of the other people and what we needed to do next. I was shocked by this..as I thought this fell under the HIPAA Law..
It turned out that one of the other girls knew someone I knew and she called her and told her I had failed my drug test..she would not of known this if the school had not announced it...
I feel this should of been kept in confidence and I should of been taken by myself and told what to do next, am I right??..
Do I have a lawsuit?
No. The results of a pre-enrollment drug screening is not confidential medical information covered under HIPAA.

As far as "proof", they don't have to supply that. They just have to advise you of failure.

It was a voluntary condition, which you were free to refuse. The fact that refusal would have resulted in denial of enrollment is not a factor.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top