Have Legal Questions? Ask a Lawyer Now.
Thank you for your question.
We must first start from the understanding that many medical benefits are provided by the employer not as a requirement of law, but as a job perk. Accordingly, the employer may seek disclosure of otherwise private information in exchange for providing the job perk. In your situation, you have agreed previously to release this type of information to your company's medical division in exchange for them providing you with medical benefits. The same quid pro quo applies when the company outsources this function to the third party management company. Thus, if you want to continue with the benefits, the release of information may be necessary.
Even when we are looking at your rights under the FMLA, the employer has the right to designate a third party to handle these matters.
In short, the company's decision to outsource requires you to disclose to the outside firm.
That being said, you stated that third party management company wants you to sign a "power of attorney." I find this troublesome as a simple HIPPA release seems like it would do the trick. Why does the third party need your power of attorney?
I look forward to hearing back from you.
I have not seen this document only been told of it. I feel the same way I am not comfortable with the power of attorney document if in deed that is what it is. I will need to follow-up with this.
Nevertheless you answered the my main question.
You are welcome.
Please go ahead and rate my answer so that I may be compensated for my work on your question. This will not prevent you from writing me back to talk more about the document once you get a copy of it.
I appreciate your business.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).