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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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If an employee was required to do confidential drug testing,

Customer Question

If an employee was required to do confidential drug testing, and the test company accidentally sent the results to an unsecure fax machine in the workplace, and the HR director did not inform the employee of the breach, what could the repercussions be?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and welcome. Faxing is generally a permitted method for transmitting medical records under HIPAA. However, if the fax machine was completely unsecured, it could be argued that the trasmission constituted a HIPAA violation. HIPAA violations are punishable by fines imposed against the covered entity, which in this case would be the drug testing entity. HIPAA does not provide for any private cause of action, so the employee would have no basis for a lawsuit. The employer would have no exposure. This would be the extent of any repercussions, typically speaking. I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.