Labcorp did not contact me about my prescriptions - failed drug test

[Devinous]

I went to labcorp for a random drug test and was told that I would receive a call when my prescription medicine shows up on the test. I however did not and would gladly provide call logs or request a subpoena of my call logs to prove this.

They then provided a failed to my employer. I also received a copy from S2Verify which is the company that did the background and drug test showing a failed test along with the medicine I take. I am in the process of getting a letter from my Doctor and have not spoke with my HR department, however this medicine is covered under the Disabilities act.

My question is do I have a suit against Labcorp?

I have been a Fraud manager for over 11 years and worked 9 of those for a telephone company that serviced medical facilities and had to deal with HIPAA compliance and I was under the understanding the Lab was supposed to contact me prior to contacting my job. My doctor also said the same thing. Are the correct?

 

[Ohiogal]

I went to labcorp for a random drug test and was told that I would receive a call when my prescription medicine shows up on the test. I however did not and would gladly provide call logs or request a subpoena of my call logs to prove this.

They then provided a failed to my employer. I also received a copy from S2Verify which is the company that did the background and drug test showing a failed test along with the medicine I take. I am in the process of getting a letter from my Doctor and have not spoke with my HR department, however this medicine is covered under the Disabilities act.

My question is do I have a suit against Labcorp?

I have been a Fraud manager for over 11 years and worked 9 of those for a telephone company that serviced medical facilities and had to deal with HIPAA compliance and I was under the understanding the Lab was supposed to contact me prior to contacting my job. My doctor also said the same thing. Are the correct?

You were supposed to disclose all prescription medications when you did the drug test. Did you? What medicine do you take?

 

[Devinous]

You were supposed to disclose all prescription medications when you did the drug test. Did you? What medicine do you take?

Thats the issue, they did not have me fill any paperwork out. When I went in I tried to explain to them that I take a prescribed medicine that will show up on their 10 panel test and they told me that they do not have you fill out anything but rather they would contact me in 24-48 hours to get my doctors information. I watched my phone like a hawk all the way through this weekend and no calls at all.

I found out when I got a copy of the background/drug screen from S2Verifiy (I opted in to get a copy as well).

After some research I see that methadone is covered under the ADA so I dont think my employer can do anything but my question is can I go after Labcorp for this? I am sure my phone records will show that I did not receive any calls or missed calls from them.

 

[Just Blue]

Thats the issue, they did not have me fill any paperwork out. When I went in I tried to explain to them that I take a prescribed medicine that will show up on their 10 panel test and they told me that they do not have you fill out anything but rather they would contact me in 24-48 hours to get my doctors information. I watched my phone like a hawk all the way through this weekend and no calls at all.

I found out when I got a copy of the background/drug screen from S2Verifiy (I opted in to get a copy as well).

After some research I see that methadone is covered under the ADA so I dont think my employer can do anything but my question is can I go after Labcorp for this? I am sure my phone records will show that I did not receive any calls or missed calls from them.

What type of job do you have? Is it driving or operating heavy machinery? Medical profession?

 

[Ohiogal]

Thats the issue, they did not have me fill any paperwork out. When I went in I tried to explain to them that I take a prescribed medicine that will show up on their 10 panel test and they told me that they do not have you fill out anything but rather they would contact me in 24-48 hours to get my doctors information. I watched my phone like a hawk all the way through this weekend and no calls at all.

I found out when I got a copy of the background/drug screen from S2Verifiy (I opted in to get a copy as well).

After some research I see that methadone is covered under the ADA so I dont think my employer can do anything but my question is can I go after Labcorp for this? I am sure my phone records will show that I did not receive any calls or missed calls from them.

No. You cannot go after LabCorp for this. What are your damages?

 

[PayrollHRGuy]

It is often not the case that you report your Rx drugs to the lab any more. If a Medical Review Officer (MRO) is used they get the results if there is positive on anything and then the MRO contacts you. They call the number you gave at the time you took the test. Most will try to call a time or two and leave a message for you to call. Should contact not be made within 10 days they report it as a positive.

You should have been given a chain of custody form when you took the test. Check it and see if your phone number is correct and readable.

 

[Taxing Matters]

After some research I see that methadone is covered under the ADA so I dont think my employer can do anything but my question is can I go after Labcorp for this? I am sure my phone records will show that I did not receive any calls or missed calls from them.

As a technical matter the ADA does not cover specific drugs. What it does is prohibit an employer from discriminating against you because of a disability. A drug addiction may qualify as a disability and if it does then the employer may not discriminate against you simply because of that disability. The ADA does not, however, protect current illegal drug use nor does it protect an employee from the problems that any adverse treatment effects may have on the job. Methadone is a legal drug to take when used to treat a drug addiction so that use of the drug should not cause you trouble at the job unless the effects of the methadone somehow interfere with your job or work environment. So, find out first how your job reacts to this. It may turn out not to be a big deal. Note that the ADA only covers employers with at least 15 employees, so if your employer is small it may not be covered by the ADA.

Under HIPAA covered entities are not to disclose protected health information (PHI) to others without the consent of the patient except in certain specified situations. LabCorp states that it is subject to HIPAA and discloses its privacy policy here:
https://www.labcorp.com/hipaa-privacy/hipaa-information#

Now, the first question is whether you may have given the lab the permission to make the disclosure. How did the lab know where to send the lab results to your employer? Did your employer arrange for the test? Did your employer pay for it? Might you have signed something with the employer authorizing the disclosure? If you gave the permission to the employer to get the results then the lab is in the clear under HIPAA.

If we assume that the lab made an unauthorized disclosure of PHI then your sole remedy for that is to file a complaint with the U.S. Department of Health and Human Services (HHS). HHS is the agency that enforces the law and it has the power to fine covered entities that violate the law.

In order to sue the lab yourself, you would have to pursue a negligence claim against the lab under your state’s tort law. The analysis for negligence will be a bit different than determining whether there was a HIPAA violation. Also, in order to win anything in a negligence lawsuit, you have to prove you suffered legally recognized damages, e.g. a financial loss or physical injury. So far you have not suffered any financial loss from this so it is premature to think about suing the lab. Thus, you need to wait and see what the employer does. If this turns out not to be a big deal and you suffer no harm then there is no lawsuit for you to pursue.