Kaiser physical question legality
#rights #Legal #drugtest #Physical #help #question #advice #jobsearch Hi. I got a job offer from an agency. They sent me to Kaiser to get a physical. Now I looked over the paperwork and it did not ask for a drug test, HIV test, psych testing, or anything else, just medical results. But there was a box for all those things just listed. There was a box for drug test for HIV test for psych test but none of them were checked. At Kaiser I got poked and prodded. I had my blood taken, urine sample, TB test, and when I asked why or what they were screening for they said nothing. Not only is that answer alarming but I have not given consent to any kind of drug test or anything. Well the reason I'm asking a question is since they did all they it is not legal fir them to report if I had drugs or HIV in my system correct? I never consented. My understanding of California law is that one must be made aware and consent to these kind of tests. I may have had something in my system. And I don't think I have HIV but I'm extremely worried that Kaiser will take my specimens and look for things I didn't consent to. Is this possible? In my employee sheet to Kaiser it had a drug test box and it was not checked and then on kaisers legal paperwork is said drug test but not checked and I certainly did not sign there so no consent was given. I'm worried about my rights being violated. I'm not a drug user but I was in vacation in the Caribbean and made a mistake. I know it stays in your blood for a long time and I'm freaking out. Any help?
HIV, drug and psychiatric records are usually considered as records that need additional consent from the patient. A HIPAA release alone shouldn't be enough for the medical facility to provide the additional information but sometimes that happens. I kniw from personal experience with Kaiser that they have their own HIPAA and that more delicate information needs to be approved by the patient, but sometimes that information sneaks into the general record, depending on the attentiveness of the records clerk. I worked for attorneys where we would request Kaiser records often and if psych, drug or HIV records are included even if the client/patient didn't want certain information in the records, sometimes it is included anyway. If an employer chooses not to hire you because of something in a record, it would be a hard thing to prove. I hope the records aren't an issue for you.
I really hope someone can shed some light on this. Especially if you know laws.
Hi Justin, Sorry you had to go through all of that. In most states, if something comes back sketchy on your drug test, they contact you, not your prospective employer. I take a class C drug for a condition I have had half my life. When it came back positive, they called me and asked what drugs I take, I told them, they verified it with my doctor and that was it. I got the job, no problem. Even if you're taking things you shouldn't be taking, they just tell the company you didn't pass, not why. That's illegal. Hope that helps a little bit.