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Violation of HIPAA law

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Old Nov 22nd, 2007, 05:20 PM     #1
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Angry Violation of HIPAA law

I am a recent medical school graduate who applied and was accepted to do a one year internship (at a very large hospital here) required for my medical license where I live in Puerto Rico. Before starting, we were screened for a urine drug test for which they claim I was positive for cocaine. I am not a drug user, nor did I use cocaine. I told them there must be some mistake, and I asked them to retest me since it must be some kind of error or false positive. They refused and explained they have a zero drug tolerance policy and they dismissed me offering drug counseling and that this information was 100% confidential by law. I asked them why would I need drug counseling if I never used drugs? Even so, their policy was firm. Although I suffered this, and I realized they were sticking to their policy, subsequently I applied and was accepted to another hospital and presently have completed almost 6 months of my one year internship. (6 months to go). I never told anyone about why I left, I only limited my explanation to my fellow intern, that an injustice had occurred. Today I spoke with my fellow intern again, and she told me by name, one of the other interns informed her the real reason I left was I was positive for the drug test. Now, the only way this information leaked out, was from the very management who promised me confidentiality. I believe this because I never informed anyone, not even the intern, what really happened. I have had no further contact other than my intern friend. I believe they have violated my rights and would like to sue the hospital. Because I am initiating my new career, my reputation is at stake here. Do I have a case? Is it worth my time?
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Old Nov 24th, 2007, 10:02 AM     #2
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Default Re: Violation of HIPAA law

You could sue them for the leak yes. Also by the way when these false tests happen, you can always have another test done by an outside group and give the results to any employer if you are SURE you have been falsely accused.

Once you create the doubt they will have to address a new test. Mistakes do happen.
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