Part 40’s Release of Information and HIPAA - A Reminder to Employers and Service Agents

The Department’s drug and alcohol testing regulation, 49 CFR Part 40, provides the specific requirements for when and how to obtain written employee authorization to disclose drug and alcohol testing information.

As a reminder, it is not necessary to obtain employee written authorization under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) rules, where DOT requires the use or disclosure of information under 49 CFR Part 40 or the other DOT Agency & USCG drug and alcohol testing regulations.

To read our entire HIPAA statement click here.