Beware of ExParte Communications between a Nurse Case Manager and a Physician

Are ex parte communications between a nurse case manager and a physician permissible?  The answer to this question truly depends on whether the nurse case manager is a qualified rehabilitative provider performing a reemployment assessment or if the nurse case manager is solely retained to perform medical care coordination services.  If the nurse case manager is a “qualified rehabilitation provider” and retained to perform a re-employment assessment,  then ex parte communications are appropriate and allowable pursuant to Florida Statue 440.13(4)(c).    Conversely, if the nurse case manager is retained by the employer or the carrier for the sole purpose of medical care coordination, ex parte communications are impermissible and a violation of the statute.  It is important to note that just because the nurse case manger is deemed a “qualified rehabilitation provider” that does not, in and of itself, permit ex parte communications between she and the physician.

While Florida Statute 440.13 (4)(c), allows the employer and or the carrier to have ex parte communications with the physicians, this statute does not extend to third parties or a qualified rehabilitation provider who is not performing a reemployment assessment.

If you have been assigned a nurse case manager, it is important to understand her role.  If you are unsure, please do not hesitate to contact our office as we would be more than happy to speak with you.