Legal Question in Family Law in Virginia

My husband failed a drug screen for marijuana in J & D court while trying to enforce his right to visitation. We were recently informed that his son is telling people he failed for cocaine and marijunana. My husband questioned his son about it. He acknowledged that he failed for marijuana, but denied the cocaine. His son told him that he read it in the court transcript and that his mom's lawyer and the Guardian Ad Litem told him that he failed for both.
Knowing his son, I suspect that his mother told him that, but didn't want to tell his dad that it came from her. I suspect that he heard it from her and believed it and said it came from the lawyers and court transcripts to make it sound more credible, and so that he wouldn't have to face the idea that his mom is a liar.
As far as the court transcripts, I don't guess they would've gotten anything from the court regarding the drug test that we didn't get, and we didn't get transcripts. We got a court order that mentioned nothing about a drug test even taking place. It simply stated what my husband was ordered to complete and what the visitation arrangement would be.
I guess my question is, are drug test results protected by HIPAA laws? By law, can a lawyer disclose the results to other people, and would they likely give those details to minor children?

Asked on 2/12/10, 12:05 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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I doubt that HIPPA would have any applicability to the disclosure of drug test

results under the circumstances described and doubt that any particular

privacy consideration or concern on the part of the "testee" would prohibit their public dissemination by whomever might be allegedly involved.

Answered on 2/18/10, 11:38 am

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