Can a Private Drug Testing Company Share Results Without a Release

A parent involved in a protective services case was court-ordered to undergo regular drug testing, through a court-approved private company. She went to the testing company for tests several times before they realized that she had not signed a release. They told her that she needed to sign a release then and there, and if she did not do so they would mark the test down as a refusal.

As they did not have a release for the prior test results but sent them to the court anyway, the parent wants to know if she could keep the results from being used in court, or if she can sue the testing company for violating her rights by sharing the results without a release.

The sharing of the test results without a release likely constitutes a HIPAA violation. Read this. The woman can report the suspected violation to HHS and let them investigate and potentiall fine the company, but HIPAA does not allow a private cause of action for damages.

The testing company can treat the refusal to sign a release as a refusal of testing.

The court that received the results is not going to be affected by a HIPAA violation -- if the tests were positive, it can and will consider the results. If the tests were negative, there is nothing for the parent to worry about, and trying to keep them out would do more harm than good.