I’ve been taking periodic and random drug tests since I joined the military 20 years ago. Before each one we used to have to fill out a form stating all prescribed and over the counter medications we took. Several years ago the army stopped doing that. I was told it was because of the new privacy law at the time. They were not allowed to ask about your medication because of HIPAA. If someone came up hot then they would investigate any possible false readings.
Is this laid out specifically in HIPAA? Is this only the military’s interpretation of the law and it could be implemented differently elsewhere? Any other issues involved?
Search seems to be broken as I write this so I apologize if it was done before. A Google search turned out a bunch about the privacy issues involved with the test results themselves but I saw nothing about a pre-test questionaire.
No one has an answer?
Perhaps if you translated the acronym. HIPAA.
High People of America Assn.? Hippo’s Private Alchohol Anonymous? Have I Pissed Appropriately at All?
No speakez dis acron.
Health Insurance Portability and Accountability Act of 1996
If you googled “HIPAA”, it’s only about the first million hits.
Yeah if you don’t know the acronym you’re not qualified to answer the question. 
Loach, the only thing I know about it is anectdotal.
At my husband’s workplace (which is a municipality), drug screening, including random testing, is used. Those who are going to be tested are advised to list every medicine they are on, to lower the chances of a false positive. The city policy is to fire you (often immediately) if you test “hot”. That happened a few weeks ago to a man who failed to list everything he was on, and got a false positive.
Some of the employees have commercial drivers’ licenses, and I think the DOT has a strict policy about drug testing. That may have something to do with it.
No idea about the question, but as for searching the boards, you can do that with Google now.
(or for any specific site) just type your search string as <website url>: <search term>
as follows: boards.straightdope.com: hipaa
yielding: this.
I haven’t looked at this issue carefully, but this FAQ from the Department of Labor suggests that it’s actually and ADA problem:
http://www.dol.gov/asp/programs/drugs/workingpartners/faq.asp#q10
These too: Drug Testing At Work: A Guide for Employers and Employees - Potter & Orfali - Google Books
and see: Redirecting…
And here is a WSJ story about a case: http://www.aegis.com/news/wsj/1996/WJ960108.html (“A policy that requires employees to disclose the prescription medication they use would force the employees to reveal their disabilities [or perceived disabilities] to their employer.”)
Any Doper who is not from the US would not be expected to know about HIPAA. If you are an American and have seen a doctor since 2003 I would expect you to have at least heard of it. Since then every doctor I have been to has required me to sign a form outlining my privacy rights under HIPAA and asking for permission to release my information under certain conditions. It is a standard practice after the law was enacted. Maybe you don’t read what you sign.
Thanks G, I never would have considered it to be an ADA issue but now that you mention it, it makes sense.
Yeah. Sorry I missed this thread until yesterday or you’d have had an answer sooner.
Loach, do they ask you to verify the meds you take and the over the counters every time you see your primary care doctors? If so, the powers-that-be may just pull your medication list from the medical computers. A complete meds list is a requirement for your 2766.
If you’re a user, you can game the system a bit by covering your illicit drug of choice with legal remedies. Had a wild ecstacy party last weekend and drug test today? Don’t forget to mention that Dexatrim, Nyquil and Afrin you’ve been taking lately.
ETA Link:
http://www.passyourdrugtest.com/false-positives.htm