Thank you friend.
Okay, I have a good news/bad news answer. I will start with the bad news.Bad News
I am afraid that they are allowed to to so. You voluntarily gave a urine sample, and it would be (arguably) reasonable to assume that this was permission for them to test for anything unless it was specifically said otherwise. I know, it is not good news.Good News
This is not "in your file" per se. There is no "central database" where While HIPAA allows the physician to share medical information with another physician's office without your consent to further treatment (45 C.F.R. 164.524(a)(1)(ii)
), they will not unless they are asked.
So all you have to do is to go to another physician and that is it - you can not mention the old physician and the old physician's records will never be pulled. And because HIPAA does not allow physicians to share record with anyone (including the police) else without a court order or subpoena
, those records are unlikely to ever see the light of day.
While the legal system tries to be inclusive of every possibility, sometimes people have limited avenues to seek relief. Please understand that this is not the expert’s fault. Surely, you prefer that I tell you the truth rather than what you wish
to hear. Please keep this in mind when rating my answer. I understand that this may not be easy to hear, and I empathize.
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