May 10, 2024

What to Know About New State Law Related to Paid Family Medical Leave Requests

Next month, on June 6, House Bill 2102 goes into effect requiring physicians and health care practitioners to certify a serious health condition qualifying a patient for Washington's Paid Family & Medical Leave program within seven calendar days of a request. This new requirement will have an operational impact on many of our members, who are advised to read further for details.

What physician practices and medical groups should know about the new requirement:

• The seven-day timeline begins at the point the physician or health care practitioner has the necessary patient information to complete the certification, such as following an office visit for a new or existing health condition.
• The state form to certify a serious health condition for medical or family leave differs from the federal FMLA form and is one page in length. It can be found on the Washington Paid Family & Medical Leave website.
• A patient may be applying due to their own serious health condition or to care for a family member with a serious health condition. Patients are responsible for submitting the completed certification with their application.
• The new law stipulates that physicians or other health care practitioners cannot charge a fee to complete the certification. However, a fee can still be charged for the associated office visit to obtain the necessary patient information to certify the serious health condition.
• If a health care facility requires administrative review of information or documentation before allowing a serious health condition certification, the facility must implement and maintain policies and practices to align with the seven-calendar-day timeline.

House Bill 2102 passed during the 2024 legislative session. The WSMA worked with the bill sponsor and proponents of the legislation to ensure physicians and other health care practitioners have the necessary information to certify a serious health condition before the timeline of seven calendar days starts and that they can still charge for an associated office visit. More information on the new law can be found at paidleave.wa.gov.