(a) The Act defines health care provider as:
(1) A doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; or
(2) Any other person determined by the Secretary to be capable of providing health care services.
(b) Others capable of providing health care services include only:
(1) Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in the State and performing within the scope of their practice as defined under State law;
(2) Nurse practitioners, nurse-midwives, clinical social workers and physician assistants who are authorized to practice under State law and who are performing within the scope of their practice as defined under State law;
(3) Christian Science Practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts. Where an employee or family member is receiving treatment from a Christian Science practitioner, an employee may not object to any requirement from an employer that the employee or family member submit to examination (though not treatment) to obtain a second or third certification from a health care provider other than a Christian Science practitioner except as otherwise provided under applicable State or local law or collective bargaining agreement;
(4) Any health care provider from whom an employer or the employer's group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits; and
(5) A health care provider listed above who practices in a country other than the United States, who is authorized to practice in accordance with the law of that country, and who is performing within the scope of his or her practice as defined under such law.
(c) The phrase authorized to practice in the State as used in this section means that the provider must be authorized to diagnose and treat physical or mental health conditions.
Notes of Decisions
Barger v. Jackson, Tennessee Hosp. Co., 92 F. Supp. 3d 754 (W.D. Tenn. 2015).
“” 29 C.F.R. § 825.125 (b)(1). In Olsen , the undisputed evidence showed that the chiropractor did not perform a spinal manipulation, that he did not take an x-ray before issuing the work excuse, and that a subsequent x-ray did not show any abnormalities.”
Chris N. Acton v. City of Columbia, 436 F.3d 969 (8th Cir. 2006).
· cites it 2× “Second, the City also cites 29 C.F.R § 825.125, a Department of Labor opinion letter, and a decision from a federal district court in the Northern District of Illinois to support its claim that bonuses awarded for perfect attendance do not require performance by the employee,…”
Swain v. Ijkg Opco LLC (D.N.J. 2024).
· cites it 2× “29 C.F.R. § 825.125 (a), (b)(1)-(2). Health care providers also include anyone from “whom an employer or the employer’s group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits.”
Fanny Tsun v. Wdi Int'l, Inc., 585 F. App'x 489 (9th Cir. 2014).
· cites it 2× “29 C.F.R. § 825.125 (a). Other persons capable of providing health care services in a country outside the United States include only those “authorized to practice in accordance with the law of that country, and who is performing within the scope of his or her practice as defined…”
Bjornson v. Soo Line R.R., 237 F. Supp. 3d 889 (D. Minnesota 2017).
“§ 2611 (6); 29 C.F.R. § 825.125 (b)(1) (including chiropractors as capable to provide health care services only when providing “treatment consisting of .”
Hamza v. United Cont'l Holdings, LLC (D.N.J. 2021).
“29 C.F.R. § 825.125 (b)(2). An employee is “unable to perform the functions of [his] position” when his health care provider determines that he is “unable to work at all or is unable to perform any one of the essential functions” of his position within the meaning of the ADA and…”
Payne v. Woods Servs., Inc. (E.D. Pa. 2021).
“29 C.F.R. § 825.125 . As a “Residential Counselor,” Plaintiff does not meet this definition.”
Simone v. Harborview Rehab. & Care Ctr. at Doylestown LLC (E.D. Pa. 2021).
“” 29 C.F.R. § 825.125 . 53 The DOL promulgated its rules implementing and interpreting the legislation without notice-and- comment procedures pursuant to a statutory designation of good cause under the Administrative Procedures Act.”
— 29 C.F.R. § 825.125(b) — 1 case
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