February 4, 2003
Mr. Kenneth Edgell
Acting Director
Office of Drug and Alcohol Policy and Compliance
U.S. Dept. of Transportation
400 Seventh St., S.W.
Washington, DC 20590
Dear Ken:
I am writing to follow up on my earlier emails concerning the potential conflict between the Health Insurance Portability and Accountability Act (HIPAA) regulations and DOT 49 CFR Part 40 regulations. While not all drug and alcohol testing providers are covered by the HIPAA regulations, a large percentage of them are and will need to comply with both sets of regulations.
An area of confusion exists for service providers regarding consent and release forms. Both are an integral part of the HIPAA regulations, but are prohibited by the DOT regulations in §40.27. In your last email of December 9, 2002, you indicated that a Q&A was forthcoming and would be published or posted on your website by the end of the month. With HIPAA compliance dates so near (April 14, 2003), DATIA urges your office to make its guidance on this important issue public. Without this formal guidance, service providers will remain confused on how to proceed and may in turn be unknowingly noncompliant with the HIPAA regulations, the DOT regulations, or both.
Your cooperation in providing this information to the service providers and employers covered by the DOT regulations is greatly appreciated. Should you have any questions, I can be reached at 800-355-1257 ext. 41 or lshelton@wpa.org.
Sincerely,
Laura E. Shelton
Executive Director
CC: Norman Mineta, U.S. Secretary of Transportation
Michael P. Jackson, U.S. Deputy Secretary of Transportation
