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Seperate FACT from FICTION
Are drug testing facilities covered under HIPAA?
NO. The Health Insurance Portability & Accountability Act (HIPAA) regulations apply only to "Covered Entities" that manage "Private Health Information" (PHI). Drug testing facilities and their contracted service agents (MRO) are not classified as "covered entities" and do not diagnose or treat any medical disorders related to "Private Health Information". Therefore, they are not subject to the same privacy policy requirements.
SUPPORTING DOCUMENTATION
DOT vs HIPAA
The U.S. Department of Transportation states that HIPAA regulations do NOT apply to drug testing facilities within the Federal Workplace Drug Testing context. This means that the protections intended by the privacy policy of HIPAA do not govern these testing procedures.
DATIA vs HIPAA
The Drug & Alcohol Testing Industry Association clarifies that H.I.P.A.A. regulations do NOT apply to D.O.T. & Non-D.O.T. drug testing, which is important for understanding the privacy policy of drug testing facilities.
HIPAA UPDATES
HIPAA UPDATES
The U.S. Department of Health & Human Services has proposed an update to the H.I.P.A.A. regulations that would allow for the release of substance abuse records, enhancing the privacy policy surrounding these sensitive documents in drug testing facilities.