Posted by fca on November 13, 2006, at 14:45:21 [reposted on November 18, 2006, at 18:03:24 | original URL]
In reply to Re: Pre-Employment Drug Test Screening: Preparing, posted by notfred on November 13, 2006, at 13:38:18
You are right, in a group plan you do not need to provide individual medical info during "open enrollment" or as a new employee. However, when an employer is seeking bids for group insurance I can tell you that insurance companies can (and do) require medical disclosure on existing employees including use of prescription drugs. That does not mean they all require it but it can be a requirement if you want competitive quotes and an employer can require an employee provide the information.
You are correct that drug testing and insurance rating are very different processes and covered by different laws. After searching the web you may be right that in some states employers can not require disclosure of prescription drugs as part of testing but then the findings of the testing could prevail. Many states require that the employer must provide for the opportunity for disclosure. The references I reviewed were more focused on ADA violations that HIPPA--I am guessing that it is because there has been more litigation and test cases regarding ADA than HIPPA--Who knows Thanks fca
poster:fca
thread:705022
URL: http://www.dr-bob.org/babble/work/20060706/msgs/705039.html