FMLA - HIPAA Form or Confidentiality Form

VS · July 2006

When we issue paperwork for an employee to apply for FMLA, we provide a HIPAA form to complete. We use this form if we need to have our doctor contact their doctor. Is this the proper form to use or can we just make up our own "release" form and use that? I haven't found any guidelines on the format, etc.

Thanks so much!

LarryC · July 2006

Viv, I've found that using the USDOL form #WH-380 for medical certification satisfies any need I have. If doctors or clinics need to "talk", they will usually have their own forms.

Under what circumstance would doctors from either "side" need to communicate? The reason I ask is because the first, second, and third opinions are done independent of each other with the third one being final and binding. No agreement is necessary.

Or did I misunderstand your question, Viv?

Irie · July 2006

On occasion clarification of information on the certification form may be needed. In this instance the company's doctor would contact the employee's doctor.

VS · July 2006

Thanks for answering for me Irie. That is exactly why we need the form. So, Larry, when the Med Cert is not clear because the doctor did not provide all the necessary info (reason to doubt), we have our doctor contact their doctor. However, I picked up somewhere that we do not have to use the HIPAA form necessarily. I find our form is confusing and would like to change the form. This would be the authorization form signed by the employee. We do not use the WH380 (I'm typing from memory here) because it is so long. The doctors would not complete so we developed a one page mini version and the doctors are more willing to complete. We still get those doctors who just don't cooperate. Hence, we need an authorization form, aka HIPPA form signed to present to the doctor before the docs can talk. I was looking for a better tool.

Thanks to you both for your responses!!

LarryC · July 2006

Thanks for clarifying, Irie and Viv. Since we don't have a company doctor, I just give the WH380 back to the employee and tell them the doctor has to fill this out completely and correctly for FMLA to be granted. It works.

FMLA - HIPAA Form or Confidentiality Form

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