Burr & Forman

12.28.2021   |   Articles / Publications

Jim Hoover Discusses Employment Issues for Providers Giving Staff Medical Advice for Part B News

In a December 13, 2021 article in Part B News, Jim Hoover shared insight on legal considerations for health care providers when an employee asks a physician for medical advice.

“It may create a reason for an employee to charge discrimination under the Americans with Disabilities Act (ADA),” Hoover said. For example, if an employee discusses his alcoholism with a doctor, and the doctor later tries to fire the employee for work issues that may be related to his drinking problem, the employee may claim the office needs to provide him with a reasonable accommodation under the ADA for the alcoholic disability that the doctor is clearly aware he suffers from.

Hoover also addressed the issue of when a non-employee patient visits the office but leaves before a service can be performed. To avoid issues with that patient-to-be down the road, he emphasizes the importance of documentation in medical records. “The medical record is the provider’s business record that memorializes what happened – even if, you know, nothing happened,” Hoover said.

For the full article, you may access a PDF here.

Alternatively, Part B News subscribers may access the article here.

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