Limits the amount and circumstances under which a provider of health care may charge for filling out certain forms associated with certain leaves of absence. (BDR 54-670)
The implementation of AB437 will have significant implications for both employees and healthcare providers in the state. By prohibiting healthcare providers from charging for certifications if they have treated the requesting individual within the last three years, the bill aims to ensure that employees can access necessary documentation without incurring additional costs. For those who have not been treated recently, the bill caps the fee at $25. This measure is argued to facilitate compliance with FMLA requirements and encourage employees to exercise their rights without financial deterrents.
Assembly Bill 437 seeks to regulate the cost imposed by healthcare providers when filling out forms required by employers under the Family and Medical Leave Act (FMLA) of 1993. The FMLA allows employees to take unpaid leave for certain medical and family responsibilities, including serious health conditions affecting themselves or their family members. The bill specifically restricts healthcare providers from charging fees for such certifications, thereby alleviating the financial burden on employees who need to take leave for legitimate reasons.
During discussions about AB437, key points of contention revolved around the balance between patient access to necessary medical documentation and healthcare provider compensation for their time and expertise. Proponents of the bill highlight the importance of supporting employees in taking necessary leave for health reasons, suggesting that healthcare providers should not impose financial burdens on individuals already facing difficult circumstances. Critics, however, raise concerns about the potential negative impact on healthcare providers, who may rely on these fees to cover administrative costs associated with completing forms.
The bill passed the Senate with a vote of 15 in favor and 5 against on May 25, 2023. The voting outcome reflects a majority support for the measures intended to provide financial relief to employees while taking leave under the Family and Medical Leave Act.