Since 9/29/02, I have been employed w/ TSA. On 2/22/08, due to an auto accident I was being treated by my physician for a rotator cuff tendonitis a tear. The Dr. put me on FMLA. & est. the frequency of flare-ups & the duration of related incapacity that I may have to be 10 times within 12 mo. duration 8 hrs. or 2 days per episode. This dated 9/23/12 on my FMLA renewal packet. I was told in June that my FMLA renewal had been approved. A few weeks later I was told to specifiy what I was being treated for & to sign a paper that would entitle my Drs. records to be turned over to my work. I wouldn't do it because of Doctor Patient Confidentiality.Today 6/29/12, I was told by my manager that an interagency agreement has been est. w/TSA & FOH to provide medical services. These medical services will be performed @ a FOH network private healthcare facility. The FOH network of facilities is contracted to & managed by QTC. An appointment has been scheduled for me 7/24/12-my day off by QTC & the examination &/or tests will be performed @ no cost. Do I have to go to this appt.?I have never been told that I have abused my FMLA/ nor have I been in trouble @ wk. This all seems so strange & out-of-the-blue.Should I have answered their specific doctor questions/signed over my records?-I was told that 7/02/12, HR would give me the paper I didn't sign, should I just sign it?Should I contact a lawyer to represent me?
Country relating to Question: United States
State (if USA): Washington
You are my first step.
Thank you for your question. I will do my best to assist you with your concerns. If you would like me to clarify my answer, I will be happy to do so.To answer your questions directly, if you have refused to provide the employer with your medical records (as is your right to refuse under HIPAA), the employer can request that you appear with their doctors and in essence corroborate your story and re-affirm your doctor's diagnosis. Otherwise the employer only has your statement that there is a legitimate FMLA illness and they are barred from independently confirming that this is indeed the fact under which you would be eligible for leave. While it may appear strange, it is hardly irregular since the employer can demand to double-check your diagnosis and ensure that the FMLA leave that you have out is valid and permitted.I cannot tell you if you should or should not have signed the documentation when provided, but I am very certain that your refusal to sign is what brought on this additional step of an appointment. In terms of obtaining counsel, unless you are worried that somehow the diagnosis will not match up, or there are irregularities with your medical history, I do not quite yet see the need for an attorney, and you may consider signing the documentation that is provided to you with a condition that the appointments elsewhere be no longer required from you. The other option is to limit the disclosure to only pertinent information based on your injury, and not permit the full records to be disclosed.Good luck.
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