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Drug tested without my consent or knowledge, is it legal? HELP
  1. #1
    laurah952 is offline New Member
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    Mar 2014
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    Default Drug tested without my consent or knowledge, is it legal? HELP

    Hello,

    I've been a member here for a few months. I have been taking Klonopin for severe panic attacks since I was 22, and I'm now 49. I've been on 8mg/day for at least 20 years, but due to regulations (new or otherwise), several psychiatrists have told me it's too much, so I've been cut down to 6mg/day, and now 4mg/day. I'm doing well, and this dose does the job. For insurance purposes, I had to see a new psychiatrist, actually she's a NP at the psychiatrist's office. I've been seeing her for Klonopin maintenance for about 14 mos.

    I went to pick up a prescription for Klonopin a month or so ago; it was not an appointment. When I got there, someone I had never seen, pulled me aside and said that this NP wanted to test the levels of Klonopin in my system to ensure the effectiveness. I was mouth swabbed, picked up the script and went on my way thinking not much of it.

    I just recently received an EOB for over $1,200 for lab work, and called the insurance company to see if it was an error. I was informed that the tests were ordered by this NP. It was not until today that I received the bill, and was horrified by what I saw. In addition to the Klonopin test, I learned that she tested me for: hydrocodone, morphine, methadone, amphetamines, cocaine, PCP (angel dust), and 2 tests listed as "assays for opiates".

    I have never given anyone reason to even remotely believe that I was taking illegal drugs, ever! This NP has never said a word about the tests to me - even at the last visit, in which I assume all were negative. I was told by a receptionist that I might receive a bill, but not to pay it - I would not be liable. My insurance company thought that very odd.

    I'm distraught that this was done to me. I was outright lied to when it was said that I was being tested for Klonopin levels. I'm disgusted, embarrassed at what the insurance company must think of me now, and wonder where else this might show up and defame me.

    Is this practice even legal? No consent was given, as I had no idea this was going to be done. I signed no papers; what are HIPPA's regulations? I'm just beside myself right now. Any information/help is most appreciated!

    Thank you,
    Laura

  2. #2
    iMako is offline New Member
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    May 2014
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    yes, consent was given when you let them do the test.

  3. #3
    Starrr is offline New Member
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    Jul 2014
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    I used to get these bills for ridiculously priced drug tests with my pain doctor and I just never paid them, lol, and all of the sudden I no longer got tested. It may not be an option of not paying it for you but for me, it is what got this ridiculousness to stop.

    Good luck!

  4. #4
    Thisweekforsure is offline Advanced Member
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    Quote Originally Posted by iMako View Post
    yes, consent was given when you let them do the test.
    But they lied to her about what the test was. Furthermore, consent for treatment is meaningless when you are denied basic healthcare service if you don't sign their documents.

    I would think at the least you could protest the bill on behalf of the insurance company. This is one reason our insurance premiums are high. However questioning it will mean being fired by that doctor. The docs don't care anymore, they're being too squeezed by the lawyers and the DEA.

    YES this is a gross invasion of privacy and a violation of your Constitutional protections, actually. (Unreasonable search) because your tests results ARE available to law enforcement. HIPPA does not give you privacy it enshrines the power of the government to access your info, actually. This is about kit companies profit, lawyers profit, politicians power, and doctors trying to survive in a way too big-brother environment. You're not gonna win this one.

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