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FMLA and HIPAA

JudyT929JudyT929 509 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
All of a sudden I've had our employee benefits thrown in my lap and although I keep up with alot of the benefits issues I am not prepared for the April 1 deadline. Anyhow I've found the answers to a lot of my questions except this one.
Does there need to be some kind of privacy notice along with the FMLA paperwork that we give out, and if so does anyone have a sample letter? Thank you for your help.
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  • Don DDon D 9,834 Posts
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    No, you can freely communicate with your employees and the information you request from medical service providers would not need a privacy notice appended to it. Those providers know what to and what not to provide and your forms won't ask for confidential medical information anyway. I can't see an instance where the privacy notice would be appropriate in an FMLA situation. Anything you receive from the employee is released by him/her and violates no confidence. Anything you receive from a clinic, clinician or other service provider is going to be HIPAA compliant already from that end. Congratulations on the addition to your resume.






    Note: The preceeding is my personal opinion and has no value beyond that. Although it may be 'sorta offensive' or 'indeed offensive' to someone out there, it is offered without regard to that possibility. Should you find yourself alarmed by my post, you may privately mail me to protest or you may alert the principal's office. x:-)
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