QUESTION: Our company’s policy dictates that an employee whose drug test is positive must complete mandatory drug counseling under a referral to our employer-sponsored employee assistance program (EAP). The EAP is staffed by a third-party vendor. Can our company request and receive from the EAP vendor proof of satisfactory participation in and completion of the drug counseling program as a precondition to the employee’s ongoing employment?
ANSWER: Yes, your company can request the information. However, the EAP should not disclose it to the company until it receives an authorization from the employee that complies with the HIPAA privacy rule.
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