Release of Medical Info

yankee49 · October 2003

My husband's mother is in ill health and he may be faced with taking some time to go back home to help take care of her. In preparation for this possibility, he requested the proper forms from his company. In addition to the form for the physician's certification, another was an Authorization for Release of Medical Information. With all the privacy issues today, I was shocked to see this form. As I read through it, I was even more shocked. It stated that by signing the form, it would allow releasing this information to other parties. It also contained a statement that the release could be revoked at any time. Are there other companies out there that request a release of this information?

Don D · October 2003

No. In fact, it is illegal. The FMLA specifically tells us that we do not have a right to a diagnosis, only a medical certification. His company is particularly over-zealous. Apparantly he got a stock set of forms they give to people requesting FMLA. But, in any event, his company has no right to that information, nor can they require him to sign such a form. In the event that he signed it, there is absolutely no likelihood of his mother's physician releasing information to his employer anyway, since the medical information is not his. Tell him to scrawl N/A across the form.

mushroomHR · October 2003

Information used by an employer for FML is not protected health information and no release is needed. Also, information pertaining to short/long-term disability, and workers' compensation is not protected health information--no release is needed. The only time a release is needed is if the employer is acting on behalf of the health "plan". Unless the doctor requires it, there is no need for the employer to require this release. Does anyone disagree?

Rockie · October 2003

As Don stated, the employer cannot require the employee to give the details of a diagnosis. If a doctor certifies that an employee has to have surgery and will be out six weeks, then I accept that. I do not need to nor do I want to know the details. (Often times they are freely given, but there are people who want to keep these details private). I have never heard of anyone asking an employee to sign a release of medical information form. No physician in his right mind would give out this info to an employer.

As far as family medical leave, I only need to know enough information to determine if it meets the criteria.

Don D · October 2003

I disagree, to the extent that if the employer intends to get the information, it will not get it without a release, if then. The point is that the employer does not need it, nor does the employer have a right to it in this instance, or for that matter, in most others. HIPAA may state that releases are not needed; however, as a practical matter, no information will flow without one. But again, in this case, it's absurd to ask for one. As Rockie said, I've never heard of this practice and would not comply with it.

yankee49 · October 2003

Thanks for all your replies. My husband's reaction to my shock was that he was sure the form must have been OK'd by corporate's legal department before it became part of the FMLA request package.

Since I handle FMLA for the company that employees me, I have always accepted the physician's certification and have never asked for any additional information. I too only need to know that the leave qualifies, not the details. I hear enough of those as it is!

Don D · October 2003

And good luck to his mother by the way..........x:-)

E Wart · October 2003

Sounds as if whomever he went to either doesn't understand what he is asking for or doesn't know their HR law or just have an entire set of papers that they hand out to anyone asking (in hopes that the person receiving the papers will understand which ones they need.) This way I guess they can say "they gave it to the employee".
If your husband is asking for FMLA, all he needs is the DOL form to give to the doctor to complete the section on "family members care".
I do hope your mother in law is comfortable and improves.
E Wart

Release of Medical Info

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