Recently the Office of Drug & Alcohol Policy & Compliance issued a statement clarifying that Medical Review Officers (MROs) and contact with an employee’s treating physicians.
Specifically, the Health Insurance Portability and Accountability Act (HIPAA) does not apply to MROs who are acting under 49 CFR Part 40 as part of their verification process. MROs do not need and MUST not attempt to obtain an employee’s permission in order to confer with the employee’s prescribing physicians. Rather an MRO is encouraged to follow-up with a treating physician or pharmacy when suspicions or question arise during a verification interview.
