An employee who tells HR or an employee assistance program that they need help is taking a risk. What happens next, and how well their privacy is kept, shapes whether they follow through. Here is a starting guide for HR and EAP staff: where to point the employee, what the Department of Labor says about leave, what the EEOC says when the concern is treatment for opioid use disorder, and how to refer to Hope Health Network.
Pointing the employee to care
- Stress that will not lift, low mood, worry, panic or sleep trouble: Hope Behavioral Medicine provides psychiatric medication management and counseling for adults with anxiety, depression, ADHD, insomnia, PTSD, OCD, bipolar disorder and postpartum depression, in person in West Ashley and by video.
- Alcohol or opioid use: Hope Addiction Medicine provides medication-assisted treatment for opioid and alcohol use disorders. Treatment typically begins with an in-person assessment, followed by weekly in-person or virtual visits before moving to a monthly schedule, and each plan is tailored to the patient.
- No regular provider, or a chronic condition such as diabetes or high blood pressure: Hope Medical Associates provides primary care, including care for diabetes, hypertension and COPD, the Medicare yearly wellness visit, and help establishing a primary care provider after a hospital stay.
You do not need to choose a practice; we route each referral to the right one. The employee can also call us directly, without the employer involved.
Time away from work
The Department of Labor says the Family and Medical Leave Act gives eligible employees of covered employers up to 12 workweeks of unpaid, job-protected leave in a 12-month period for certain reasons, including the employee's own serious health condition, with group health coverage kept in place during the leave. Whether a particular situation qualifies is a question for the employer's leave process.
When the concern is opioid use disorder treatment
The EEOC has published two technical assistance documents on opioids, one for employees and one for health care providers. They say an employee generally cannot be fired or denied a job because they take part in medication-assisted treatment, unless they cannot do the job safely and effectively or another federal law disqualifies them. The provider document says opioid use disorder is likely to qualify as a disability under the ADA, and lists accommodations such as a changed schedule for therapy or support meetings, unpaid leave, or reassignment. It notes that the ADA does not protect current illegal drug use, and that a safety concern justifies an adverse action only when it rises to a direct threat, meaning a significant risk of substantial harm. Both documents say they do not have the force of law.
Need to Refer a Patient?
One phone call routes to the right practice.
Keeping medical information private
The EEOC says employers keep information about accommodations confidential, and that a provider should give an employer medical information only when the employee asks and authorizes the release. In practice, that means updates from a treating practice to HR or an EAP happen only with the employee's signed permission.
How to refer
The referral line, fax number and secure form are on our referral page, and HR and EAP staff can read more on our employers page. We typically contact the patient within two business days of a faxed referral, and initial evaluations are often able to be scheduled within a week of the request. If the patient needs to be seen sooner, call us.
Our practices accept Medicare, most major commercial plans, and all South Carolina Medicaid managed care plans except Select Health (First Choice). Self-pay rates are also available. Mental health care is available by video anywhere in South Carolina.
Our practices are not an emergency service, and the referral form is not monitored for emergencies. For someone in crisis, call or text 988, and in immediate danger, call 911.
This article explains these rules in general terms. It is not legal advice.
Sources: U.S. Department of Labor, Family and Medical Leave Act; EEOC, Use of Codeine, Oxycodone, and Other Opioids: Information for Employees; EEOC, How Health Care Providers Can Help Current and Former Patients Who Have Used Opioids Stay Employed.
This article is general information, not medical advice, and does not create a patient–provider relationship. Every situation is different, so see a provider who can evaluate yours and develop a plan of care. Any medication discussed here may not be right for you: the right choice depends on your diagnoses, other health conditions and current medicines, so take medication only as directed by the provider managing your care. If you are ever in doubt about an emergency, call 911 or go to the nearest emergency room.
Frequently Asked Questions
To Hope Health Network's referral line. The network routes each referral to behavioral medicine, addiction medicine or primary care, and the employee can also call directly without the employer involved.
The Department of Labor says eligible employees of covered employers may take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for certain reasons, including their own serious health condition.
The EEOC says generally not, unless the employee cannot do the job safely and effectively or another federal law disqualifies them. Its documents say they do not have the force of law.
No. The EEOC notes that the ADA does not protect current illegal drug use.
Only when the employee asks and signs a release. The EEOC says providers should share medical information with an employer only with the employee's request and authorization.