Q&A column, 11/16

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1. Cornbleet J. Spurious results from automated hematology cell counters. Lab Med. 1983;14(8):509–514.

Michael R. Lewis, MD
Division Chief, Laboratory Medicine, Department of Pathology and Laboratory Medicine,
University of Vermont Medical Center, Burlington
Member, Hematology/Clinical Microscopy Resource Committee
[hr]

Q. A member of my laboratory staff is suspected of using drugs of abuse, and he underwent drug screening as a result. When the reference laboratory we used for this returned the results, I discussed them with my laboratory manager. Later, my manager told me that someone in human resources said that I, as medical director and contracted (full-time) physician, am not privy to this employee’s test results because of HIPAA concerns. Is this true? If so, how am I to make an informed decision about the employee’s fitness for work?

A. The staff member’s drug test results are protected health information under the Health Insurance Portability and Accountability Act of 1996. However, if the employee consented to be tested as a condition of employment and such authorization is in the employee’s record, you are permitted to see the results and to act on them. If there is no authorization, you are not permitted to do so. In fact, if the employee did not consent as a condition of employment, no drug testing should have been done. The pertinent regulation is 45CFR164.508(a).

Richard H. Blake, JD,
Member, McDonald Hopkins LLC, Co-chair,
White Collar and Government Compliance Practice Group, Cleveland, Ohio

Dr. Kiechle is medical director of clini­cal pathology, Memorial Healthcare, Hollywood, Fla. Use the reader service card to submit your inquiries, or address them to Sherrie Rice, CAP TODAY, 325 Wau­ke­gan Road, Northfield, IL 60093; srice@cap.org. Those questions that are of general interest will be answered.