HOW DOES HIPAA AFFECT FAMILY AND MEDICAL LEAVE ACT PROCESS?
A. Employers routinely obtain medical certifications under the Family and Medical Leave Act (“FMLA”). These forms are completed by an employee’s treating health care provider to verify the existence of a qualifying “serious health condition” under the FMLA. The U.S. Department of Labor issued regulations under the FMLA that specifically allow this inquiry and include a form medical certification. Completed Medical Certification forms often contain personal medical information. Will the HIPAA privacy regulations affect these processes? Will it make a difference if the health care provider completing the form is the treating provider, as compared to an independent medical examiner retained by the employer for a second or third opinion? A covered entity will not be permitted to disclose the information that would be required in these circumstances directly to an employer without a HIPAA compliant authorization. For health care providers, it will not matter whether the provider is the trea
