Management for the Health Information Professional

Management for the Health Information Professional

Management for the Health Information Professional

Management for the Health Information Professional Second Edition Chapter 6 Legal Aspects of Healthcare Management ahima.org ahima.org © 2020 AHIMA Learning Objectives • Discuss federal equal employment opportunity legislation • Discuss key components of the Americans with Disabilities Act • Evaluate legal practices in relation to interviewing and hiring practices • Explain the key components of dismissal for cause and due process • Identify progressive disciplinary action procedures ahima.org © 2020 AHIMA Employment at Will • Managers should be aware of the laws that affect the workplace • Most employees operate on employment at will principle, but due to regulation an employer cannot terminate an employee for a reason the law says is illegal • Means you can be fired at anytime • Choose to work or quit • Equal Employment Opportunity Commission- the federal agency with the authority to investigate discrimination claims, render decisions, & file lawsuits if necessary ahima.org © 2020 AHIMA Employment Laws Impacting Healthcare Addresses Employee Discrimination Addresses Wage & Benefit • Americans with Disabilities Act • Civil Rights Act • Age Discrimination in Employment Act • The Family & Medical Leave Act • Fair Labor Standards Act • Health Insurance Portability & Accountability Act (HIPAA) •

Management for the Health Information Professional

Consolidated Omnibus Budget Reconciliation Act ahima.org © 2020 AHIMA Americans with Disabilities Act • Prohibits job discrimination against people with disabilities • Impairment must be long-lasting or permanent • Impairment must limit one or more major life activities ahima.org © 2020 AHIMA Americans with Disabilities Act (continued) • Individual must meet job requirements with or without reasonable accommodation • Change or adjustment to work environment that allows employee to perform basic job duties • Accommodations cannot place an undue hardship on the employer • Cannot be disruptive or expensive ahima.org © 2020 AHIMA Americans with Disabilities Act (concluded) • Discrimination covers recruitment, pay, hiring, firing, promotion, job assignments, training, leave, lay-off, benefits • Enforcement of the Act provided by the Equal Employment Opportunity Commission (EEOC) ahima.org © 2020 AHIMA Civil Rights Act of 1964 Prohibits job discrimination because of: • Race and color: Skin color, hair texture • National origin: Birthplace, culture, language • Sex: Gender, pregnancy or childbirth conditions • Religion: Religious beliefs or lack of beliefs ahima.org © 2020 AHIMA Civil Rights Act of 1964 (continued) • Sexual harassment • Quid pro quo: Someone using their authority to demand sexual favors in return for employment action or consideration • Hostile work environment: Behavior of one person is perceived to be offensive by another ahima.org © 2020 AHIMA EEOC Defines 3 areas of Consideration to Determine if Sexual Harassment Occurred • 1. the actions must be unwelcome • 2. the actions must be severe enough to interfere with the employee’s performance • 3. the employer must know or should have known about the actions • Pg. 110 ahima.org © 2020 AHIMA Civil Rights Act of 1964 (concluded) • Retaliation: If a person makes a complaint or files a discrimination claim, they cannot be fired, demoted, or otherwise penalized for the action • Whistleblowing • Enforcement of the Act provided by the EEOC ahima.org © 2020 AHIMA Civil Rights Act of 1991 • CRA of 1991 Strengthens the Civil Rights Act of 1964 • Allows for jury trials and increased monetary rewards for employees • Enforcement of the Act provided by the EEOC ahima.org © 2020 AHIMA Age Discrimination Act of 1967 • Prohibits discrimination on the basis of age against individuals age 40 and older • Amendment removed mandatory retirement age as long as the person is able to do the job • Enforcement of the Act provided by the EEOC ahima.org © 2020 AHIMA Family and Medical Leave Act of 1993 • Allows for unpaid leave for specific family and medical reasons • 12 weeks of continuous or intermittent leave • Upon return to work, employee must be restored to original or equivalent job • Enforcement of the Act provided by the Department of Labor (DOL) ahima.org © 2020 AHIMA Fair Labor Standards Act • Determines minimum wage and overtime pay • Overtime pay becomes an issue with flexible scheduling • Compressed workweek: Full-time hours completed in less than standard five days • Flextime: Flexible start and end times • Job sharing: Two or more persons share a full-time position • Enforcement of the Act provided by the DOL ahima.org © 2020 AHIMA Health Insurance Portability and Accountability Act (HIPAA) • Privacy Rule requires that PHI be made available only to providers with a need • Security Rule applies same restrictions to ePHI • Employees may move from one job to another without losing health coverage or being penalized for pre-existing conditions • Enforcement of the Act provided by the Office for Civil Rights (OCR) ahima.org © 2020 AHIMA Consolidated Omnibus Budget Reconciliation Act (COBRA) • Offers health insurance coverage for employees who have lost coverage due to qualifying event • Employees assumes premium at organization’s cost • Benefit lasts 18–36 months • Enforcement of the Act provided by the DOL ahima.org © 2020 AHIMA Applying EEO Principles: Personnel Policies • Employment laws and guidelines should be addressed in organization’s policy and procedure manual • Policies usually developed by human resources with an attorney • Manuals should be made available to all ahima.org © 2020 AHIMA Applying EEO Principles: Interviewing • Illegal for an employer to try to determine the presence of a discrimination item during the preinterview or interview phase of hiring • Bona fide occupational qualification: Job requirement that is normally discriminatory but allowed due to job specification ahima.org © 2020 AHIMA Applying EEO Principles: Interviewing (concluded) • Avoid interview questions that are inappropriate (table 6.1) • Do not apply inappropriate information in the hiring process, even if the applicant offers the information • Do not use discriminatory information obtained via social media • Applicant testing must be antidiscriminatory ahima.org © 2020 AHIMA Applying EEO Principles: Counseling • Heading off potential behavior issues • Addressing declining performance • Giving career advice • Training • Praising and encouraging • Coaching or mentoring ahima.org © 2020 AHIMA Applying EEO Principles: Progressive Discipline • Verbal warning: Unwanted behavior discussed and corrective action plan started; documentation for department file • Written warning: Continued discussion and documentation forwarded to human resources • Suspension with pay • Suspension without pay • Termination ahima.org © 2020 AHIMA Progressive Process Steps Verbal Warning ahima.org © 2020 AHIMA Written Warning Suspension with pay Suspension without pay Termination Applying EEO Principles: Termination for Cause • Termination for cause: Immediate suspension for a serious offense, progressive steps not followed • Abuse of patient or another employee • Falsification of medical/employee records • Theft • Use of illegal drugs or alcohol on the job • HIPAA violation • Carrying a weapon on the job ahima.org © 2020 AHIMA Applying EEO Principles: Due Process • Termination or discipline carried out in accordance with organizational policies • Grievance process (figure 6.4) • Mediation: Both sides sit down and a mediator helps to reach a decision • Arbitration: Both sides sit down but agree to accept arbitrator’s decision ahima.org © 2020 AHIMA Figure 6.4: Employee Grievance Process Steps Employee reports the issue to a supervisor or department director ahima.org © 2020 AHIMA The Issue is reported to the next level of management The issue is formally reported to the HR department The HR department may utilize a committee to help solve the grievance Employee may report the issue to EEOC or the state division of human rights
Purchase answer to see full attachment