Legal Pearls: Filling Out Medical Form at Patient’s Request Should Not Lead to Further Disclosures

The Decision

The employee sued her employer for violation of her rights under the US Family and Medical Leave Act.

As part of its written decision, the court faulted the physician’s nurse for providing the information, holding that it was “not appropriate” for the nurse to divulge further information about the patient without first obtaining the patient’s permission. The court pointed out that even if a health care provider is providing medical information on a certification form or insurance paperwork at the request of the patient, a provider cannot disclose additional information (that wasn’t required to fill out the initial request) without the patient’s further consent regarding the additional information.

The Bottom Line

Be extremely careful with divulging a patient’s protected health information. ALWAYS get a patient’s consent before disclosing information, even if the patient consented previously.

Ann W. Latner, JD, is a freelance writer and attorney based in New York. She was formerly the director of periodicals at the American Pharmacists Association and editor of Pharmacy Times.