Orlando partner Joyce Ackerbaum Cox was quoted in the November 2, 2009, American Medical News article, "Review What Expanded ADA Means for Your Practice."
According to the article, physicians and their practices need to be aware of the new requirements in the expanded Americans with Disabilities Act (ADA), which went into effect January 1, 2009. The changes include the addition of several previously excluded health issues, including epilepsy, diabetes, multiple sclerosis, intellectual disabilities, major depression and bipolar disorder. Enforcement, however, did not begin immediately, according to the article.
Steps a practice can take to avoid ADA-related complaints include having a nondiscrimination policy that mentions disability and other categories covered by federal and local legislation. Physicians also need to ensure that employees are trained in ADA issues and the expanded definition of what it covers, according to the article. "Consistency is important," said Ackerbaum Cox. "And every request needs to be considered on a case-by-case basis."
According to the article, the ADA says employers must provide reasonable accommodation for an employee to carry out the essential functions of her/his job. Employers can ask for documentation from the employee's treating physician to aid in making these decisions. Such paperwork should focus only on issues relevant to the essential job duties, and any medical information should be kept confidential. "Employers are entitled to have some information, but this is limited in scope. You are not allowed to go on a fishing expedition for their entire medical history," said Cox.