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FMLA and HIPAA

KizzieKizzie 10 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
When we have employees who wish to utilize FMLA for the care of a spouse or parent, we have them complete Form WH-380, Certification of Health Care Provider. This is the standard U.S. Department of Labor form for the Family and Medical Leave Act. Since April 14th when HIPAA became effective for most providers, the providers will no longer release any information since it pertains to an individual other than the employee. How are you handling requests for FMLA for a spouse or parent when the information on diagnosis, care and probably duration of the condition will not be released? Does anyone know if the Department of Labor will re-visit this issue in light of HIPAA?

Thanks for your input.
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  • 2 Comments sorted by Votes Date Added
  • awilliamsawilliams 258 Posts
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    I do not know whether the DOL will be addressing this issue, but it seems to me that the patient should sign a release authorizing the provider to give the information.

    Anne Williams
    Attorney Editor
    M. Lee Smith Publishers, LLC
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  • vmiller MOvmiller MO 98 Posts
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    If the employee wants the leave, then the employee has to supply the certification. The employee can give the certification to the doctor and have the doctor (1) fill it out and give it back to the employee, (2)instruct the doctor to send it to the employer. It appears to me that the medical profession is attempting to use HIPAA as an excuse to fill out the medical certification

    Vance Miller
    Editor, Missouri Employment Law Letter
    Armstrong Teasdale LLP
    (314) 621-5070
    [email]vmiller@armstrongteasdale.com[/email]
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