Question:

Under Department of Health and Human Services (HHS) Health Insurance Portability and Accountability Act of 1996 (HIPAA) rules, are employers and their service agents in the Department of Transportation (DOT) drug and alcohol testing program required to obtain employee written authorization in order to disclose drug and alcohol testing information?

Answer:

No. HHS HIPAA rules do not require employers and service agents in the DOT drug and alcohol testing program to obtain written employee authorization to disclose drug and alcohol testing information required by 49 CFR Part 40 and other DOT agency drug and alcohol testing rules.

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