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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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I live in NY and have been on CLonazepam for over 3 yrs. for

Resolved Question:

I live in NY and have been on CLonazepam for over 3 yrs. for anxiety with dizziness. I was discharged from my Primary Physician's office today following two urine screens for compliance and both tests resulted in false negative results. I asked what type of test was conducted, if it was specific to Benzo's as the office received their results in one two days. While attempting to discuss the issue and what I should do to find a new Primary Care Physician, the Nurse Practitioner explained to me that she was not going to discuss the matter any further and hung up the phone. I tried calling back and when I identified myself the receptionist put me on hold and then hung up on me. What should I do? Will this reflect when I go to meet with a new doctor, and if so, is it legal for them to disclose the information under HIPAA law? I have always been compliant with the medication.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

Speaking solely on the reporting requirement, your medical doctors are entitled to see your full file. That means that if you will go see a new doctor, he will see the results of your past tests. There is no HIPAA violation here at all, your new doctor is entitled to see your information when and if he decides to see you. The most ideal option is for you to attempt to speak with your doctor in some way (when this nurse is not n the phone, for example), schedule an appointment, and request a re-test Otherwise this potential result will remain on your record and will possibly follow you around from doctor to doctor. This is a situation where getting a new resolution and result is critical.

Good luck.

Customer: replied 1 year ago.
I had gone back for a second test and it was also a false negative. That is why I asked the Nurse Practitioner what kind of urine screen was used because Clonazepam is notorious for not showing up as positive. It was following the second test that they discharged me from the practice. I now feel I'm being punished even though I have been compliant with the medication. Should I try to contact again or just resort to going to a Pain Clinic like they are advising?
Expert:  Dimitry K., Esq. replied 1 year ago.

Justin,

If you can, try them again. Then if they refuse to respond, go to the pain clinic. I tend to sympathize with you here because I am very aware of the fairly high instance of false positives with these tests, so I am sorry that you were caught up in such a situation for yourself.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38760
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Dimitry K., Esq.
Dimitry K., Esq.
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Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.