Individually complete the memo.Your health care organization has just learned that it is out of compliance in the problem areas listed below. You have been asked to research ONE problem and prepare an interoffice research memo that is single spaced and not more than two pages. The Memo should addressed to the Risk Manager and include the following sections with a heading in bold for each section. Use APA for in-text citations and references.Use only classroom materials to complete the memo. This would include the textbooks, web links, and the Classroom law library.Memo HeadingMemo To:Memo From:Date:Re: (Regarding – your topic)Brief description of the problemState and/or federal law and agency guidelines or regulations that govern the issue including the penalty for non-complianceEvaluate the organizational vicarious liability.Evaluate 3 risk management tools that could be used to manage the risk. Indicate why you selected the tools you did. Identify how you would use the tool to identify, correct, and/or prevent risk in the situation you selectedRecommend a 3-step (3 action) risk management plan that includes at least one of the risk management tools you evaluated. Give reasons to support your plan recommendations which include how the plan will mitigate, prevent, and correct the specific risk stated in your problem.Problems (Select One)There was a drug and dose mix-up in the hospital last week. A pharmacist employee put the incorrect medication in the patient cart and mixed up the dose from weekly to daily. This resulted in an overdose of the incorrect medication leading to patient death. The family has filed a wrongful death lawsuit against the pharmacist and the hospital.An employed physician was on staff in the emergency room last week. He failed to diagnose a kidney stone. The patient returned to the emergency room two days later when a kidney stone and abdominal infection were diagnosed. The delay in treatment left the patient with double the medical bill. The patient is suing the physician and hospital for the cost of care from the delayed diagnosis.The infants in the newborn well-baby nursery of your hospital all have infections. The infections have been tracked back to poor sanitation of the basinets between babies and cleaning staff playing with the babies at night after cleaning dirty equipment. 3 of the parents are suing the hospital for the illness and extended hospitalization costs for their infants.The Certified Nurse Assistants (CNA) in your hospital have been on mandatory overtime for a month because of the high patient load. Their supervisor told them they must work overtime, but the payroll clerk is refusing to pay out so much overtime. The CNAs are suing the hospital under the Fair Labor Standards Act (FLSA) for overtime pay.An employee has taken a leave under the Family Medical Leave Act (FMLA) for cancer treatment which was documented as a disability under the ADA and ADAAA. The employee did not return to work on the day scheduled and was terminated. The former worker has filed a claim of disability discrimination with the EEOC and a mediation conference is scheduled for next week to discuss the claim.A black female nurse employee has applied to be a Nurse Manager 3 times, but has not been hired for the position. Every time a white male with less experience has been hired for the position. The nurse feels that she has been discriminated against and wants to file an EEOC race and gender discrimination claim.The union has organized all of the cleaning staff who voted for Union #222 to represent them in bargaining with the hospital. The National Labor Relations Board (NLRB) has certified the union, but hospital management refuse to bargain with the union. The union has filed an unfair labor practice claim with the NLRB.What is Risk Management in Healthcare? NEJM Catalyst. (Nov. 25, 2018) https://catalyst.nejm.org/doi/full/10.1056/CAT.18.0197Alam, A. Steps in the Process of Risk Management In Health care Journal of Epidemiology and Preventive Medicine. (April 12, 2016) https://www.researchgate.net/publication/308888285_Steps_in_the_Process_of_Risk_Management_in_HealthcareDiscrimination by Type https://www.eeoc.gov/discrimination-typeBal, B. An Introduction to Medical Malpractice in the United States Clin. Orthop Relat. Res. 2009 Feb; 467(2): 339347) https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2628513/Optional Reading:Stuart Showalter; Stuart ShowalterThe Law of Healthcare Administration, Ninth Editionhttp://ezproxy.umgc.edu/login?url=https://search.ebscohost.com/login.aspx?direct=true&db=nlebk&AN=2361947&site=eds-live&scope=site&profile=edsebookCh. 4 Human Resource LawDo:Week 10Discussion 7 Labor and Employment: Due Tuesday by midnight of week 10Week 11Assignment 4 Risk Management Plan: Due Tuesday by midnight of week 1150 %1 of 2 topics completeShow data table for This chart displays the number of completed topics versus the total number of topics within module Weeks 10 and 11: Employment and Labor..List of Topics and Sub-Modules for Weeks 10 and 11: Employment and LaborIndividually complete the discussion assigned to you based on your assigned group. Your two response replies should be to each of the other topics you were not assigned. Your reply posts should evaluate employment and labor compliance and risk management strategies and tools to manage risk.Use only classroom materials to complete the discussion. This would include the textbooks, weblinks, the Classroom law library, and Compliance libraryGroup 1/HiringThe Tracks We Leave Ethics and Management Dilemmas in Healthcare, 3rd Ed.: Ch. 5 Gender Discrimination: Rolling Meadows Community HospitalThe Tracks We Leave Ethics and Management Dilemmas in Healthcare, 3rd Ed.: Ch. 17 Management and Diversity, and InclusionPart 1: Critical Analysis of the LawEvaluate and discuss the requirements of one of the following laws and how it applies in hiring. What does a manager need to do or not do to comply with it?Title VII protections for race, color, national origin, sex, religionPregnancy Discrimination ActFederal labor laws enforced by the National Labor Relations Board (NLRB) including National Labor Relations Act (NLRA)Union contracts in the right to work vs non-right to work states and impact on hiringEvaluate one of the following tools for compliance in hiring and indicate how it would help limit risk. Discuss the pros and cons of it. Hiring checklistHiring policies and proceduresCredentialing policiesThe employment arbitration clause in an employment contractPart 2: Strategic Compliance with the LawEvaluate the scenario in Ch. 5 Gender Discrimination: Rolling Meadows Community HospitalWhat are the legal risks? What are risks specific to gender discrimination and liability?What management compliance tools (one) and processes (one) could be incorporated in the organization to prevent this problem? What do you recommend (1-2 actions)?Assume an “agreement” is reached to hire the protégé. What employee hiring tools and processes would you incorporate in the hiring process to limit liability and reduce the likelihood of a lawsuit in this case?Group 2/Employee EvaluationIn The Law of Health Care Administration, 9th Ed, read: Ch. 7 Liability of the Health Care Institution.The Tracks We Leave Ethics and Management Dilemmas in Healthcare, 3rd Ed.: Ch. 8 Nurse Shortage: Metropolitan Community HospitalPart 1: Critical Analysis of the Law Evaluate and discuss the requirements of one of the following laws and how it applies in managing employees. What does a manager need to do or not do to comply with it?Fair Labor Standards Act (FLSA) overtime provisionsFamily Medical Leave Act (FMLA) leave provisionsAmericans with Disabilities Act (ADA)Genetic Information Non-Discrimination Act (GINA)Sexual HarassmentEvaluate one of the following tools for compliance in the evaluation and indicate how it would help limit risk. Discuss the pros and cons of it. Employee evaluation checklistEmployee evaluation policies and proceduresCorrective action policies and checklistsUnion clauses that impact employee evaluation, promotion, and appeal rights and impact how an employee was treated.Part 2: Strategic Compliance with the Law Evaluate the scenario in Ch. 8 Nursing Shortage: Metropolitan Community Hospital. What are the legal risks? What are risks specific to staff negligence and liability?What would management compliance tools (one) and processes (one) be incorporated in the organization to prevent this problem?Assume there is a nursing shortage. What employee retention tools(one) and processes(one) would you incorporate to improve nursing retention and minimize the likelihood of a negligence lawsuit?Group 3/TerminationIn the Law of Health Care Administration, 9th Ed. read,Ch.. 8 Medical Staff Privileges and Peer ReviewThe Tracks We Leave Ethics and Management Dilemmas in Healthcare, 3rd Ed.: Ch. 7 Workforce Reduction: Hillside County Medical CenterPart 1: Critical Analysis of the LawEvaluate and discuss the requirements of one of the following laws and how it applies in terminating employees. What does a manager need to do or not do to comply with it?Age Discrimination in Employment Act (ADEA) and Older Worker Benefit Protection Act (OWBPA)Health Care Quality Improvement Act ( HCQIA) and medical staff termination requirementsUnion contracts or provider contracts with “just cause termination” provisions vs employment at willBostock vs. Clayton Supreme Court Case and Title VII rightsEvaluate one of the following tools for compliance in hiring and indicate how it would help limit risk. Discuss the pros and cons of it. Employee termination checklistEmployee termination policies and proceduresEvaluation of whether there is an employment contract with a termination clause or whether this is an employment-at-will employee.OWBPA Waiver and severance in exchange for the right to suePart 2: Strategic Compliance with the LawEvaluate the scenario in Ch. 7 Workforce Reduction: Hillside County Medical Center. What are the legal risks? What are risks specific to employee termination in a reduction in force (RIF)? How will the union contract impact a RIF? How will the WARN law impact a RIF of over 100 employees?What management compliance tools (one) and processes (one) could be incorporated in the organization to prevent the need for a RIF?Assume there is a RIF that involves employees with a union contract with seniority provisions. What employee termination tools (one) and processes (one) would you incorporate to minimize the likelihood of a wrongful termination lawsuit? Due August 2 at 11:59 PMIndividually complete the memo.Your health care organization has just learned that it is out of compliance in the problem areas listed below. You have been asked to research ONE problem and prepare an interoffice research memo that is single spaced and not more than two pages. The Memo should addressed to the Risk Manager and include the following sections with a heading in bold for each section. Use APA for in-text citations and references.Use only classroom materials to complete the memo. This would include the textbooks, web links, and the Classroom law library.Memo HeadingMemo To:Memo From:Date:Re: (Regarding – your topic)Brief description of the problemState and/or federal law and agency guidelines or regulations that govern the issue including the penalty for non-complianceEvaluate the organizational vicarious liability.Evaluate 3 risk management tools that could be used to manage the risk. Indicate why you selected the tools you did. Identify how you would use the tool to identify, correct, and/or prevent risk in the situation you selectedRecommend a 3-step (3 action) risk management plan that includes at least one of the risk management tools you evaluated. Give reasons to support your plan recommendations which include how the plan will mitigate, prevent, and correct the specific risk stated in your problem.Problems (Select One)There was a drug and dose mix-up in the hospital last week. A pharmacist employee put the incorrect medication in the patient cart and mixed up the dose from weekly to daily. This resulted in an overdose of the incorrect medication leading to patient death. The family has filed a wrongful death lawsuit against the pharmacist and the hospital.An employed physician was on staff in the emergency room last week. He failed to diagnose a kidney stone. The patient returned to the emergency room two days later when a kidney stone and abdominal infection were diagnosed. The delay in treatment left the patient with double the medical bill. The patient is suing the physician and hospital for the cost of care from the delayed diagnosis.The infants in the newborn well-baby nursery of your hospital all have infections. The infections have been tracked back to poor sanitation of the basinets between babies and cleaning staff playing with the babies at night after cleaning dirty equipment. 3 of the parents are suing the hospital for the illness and extended hospitalization costs for their infants.The Certified Nurse Assistants (CNA) in your hospital have been on mandatory overtime for a month because of the high patient load. Their supervisor told them they must work overtime, but the payroll clerk is refusing to pay out so much overtime. The CNAs are suing the hospital under the Fair Labor Standards Act (FLSA) for overtime pay.An employee has taken a leave under the Family Medical Leave Act (FMLA) for cancer treatment which was documented as a disability under the ADA and ADAAA. The employee did not return to work on the day scheduled and was terminated. The former worker has filed a claim of disability discrimination with the EEOC and a mediation conference is scheduled for next week to discuss the claim.A black female nurse employee has applied to be a Nurse Manager 3 times, but has not been hired for the position. Every time a white male with less experience has been hired for the position. The nurse feels that she has been discriminated against and wants to file an EEOC race and gender discrimination claim.The union has organized all of the cleaning staff who voted for Union #222 to represent them in bargaining with the hospital. The National Labor Relations Board (NLRB) has certified the union, but hospital management refuse to bargain with the union. The union has filed an unfair labor practice claim with the NLRB.
Week 10 and 11: Labor and Employment
Additional Resources
Hiring
Society for Human Resource Management (SHRM) Hiring: Hiring Practices Checklist
(Mar. 21, 2018) Hiring Policy and Procedures (shrm.org)
Onboarding Checklist for Physicians and Nurses (May 21, 2020)
https://verisys.com/onboarding-checklist-for-physicians-and-nurses/
Society for Human Resource Management (SHRM) Hiring Policy and Procedure
https://www.shrm.org/resourcesandtools/tools-andsamples/policies/pages/cms_001677.aspx
Legal Rights During the Hiring Process https://employment.findlaw.com/hiringprocess/legal-rights-during-the-hiringprocess.html#:~:text=Job%20applicants%20have%20legal%20rights,age%2C%20disabil
ity%2C%20or%20religion.
Prohibited Employment Policies/Practices https://www.eeoc.gov/prohibited-employmentpoliciespractices
5 Steps that can improve your facilitys EHR onboarding process (Sept 19,
2018) https://comphealth.com/resources/how-to-improve-ehr-onboarding-process/
Employee Evaluation
Employee Evaluation Checklist https://www.workforce.com/news/employee-evaluationchecklist
Performance appraisal form (Including supervisory skills) Completed Performance
Appraisal Form (shrm.org)
Progressive Discipline Policy https://www.shrm.org/resourcesandtools/tools-andsamples/policies/pages/progressivedisciplinepolicy.aspx
HHS Employers and Health Information in the Workplace
https://www.hhs.gov/hipaa/for-individuals/employers-health-informationworkplace/index.html
Termination
Employee Termination Checklist: Everything you need to know Employee Termination
Checklist: Everything You Need to Know (upcounsel.com)
Employee Termination Checklist Employment Termination Checklist | Process Street
Older Workers Benefit Protection Act (OWBPA)
https://www.law.cornell.edu/wex/older_workers_benefit_protection_act_(owbpa)
Older Workers Benefit Protection Act (OWBPA) https://www.nolo.com/legalencyclopedia/free-books/employee-rights-book/chapter7-7.html
National Conference of State Legislatures (NCSL) At-Will Employment
https://www.ncsl.org/research/labor-and-employment/at-will-employment-overview.aspx
Pearson, L. The Eight Steps to An Effective Employee Termination Policy. Missouri
Medicine. 2010 Jul-Aug, 107(4): 240-242 https://www.ncbi.nlm.nih.gov/pmc/art
icles/PMC6188355/
Jackson LLP . When Can I Terminate an Employee at my Practice?
Findlaw. Employee Rights after a Job Termination
https://employment.findlaw.com/losing-a-job/employee-rights-after-a-jobtermination.html
The Business Journals. 10 things to consider when terminating an employee
https://www.bizjournals.com/bizjournals/how-to/human-resources/2014/10/10-things-toconsider-when-terminating-an-employee.html
Worker Adjustment and Retraining Notification Act (WARN)
https://www.dol.gov/general/topic/termination/plantclosings
Discrimination Laws
Race/Color Discrimination https://www.eeoc.gov/racecolor-discrimination
Age Discrimination in Employment Act (ADEA) https://www.eeoc.gov/agediscrimination
Americans with Disabilities Act (ADA) https://www.eeoc.gov/disability-discrimination
Equal Pay Act https://www.eeoc.gov/equal-paycompensation-discrimination
National Origin Discrimination https://www.eeoc.gov/national-origin-discrimination
Religion Discrimination https://www.eeoc.gov/religious-discrimination
Sex Discrimination https://www.eeoc.gov/sex-based-discrimination
NCSL: Sexual Harassment https://www.ncsl.org/research/labor-and-employment/sexualharassment-in-the-workplace.aspx
Sexual Harassment https://www.eeoc.gov/sexual-harassment
Pregnancy Discrimination https://www.eeoc.gov/pregnancy-discrimination
Genetic Information Non-Discrimination Act (GINA) https://www.eeoc.gov/geneticinformation-discrimination
Bostock v. Clayton County Supreme Court Case
https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf
Fair Labor Standards Act (FLSA) and overtime pay
Fair Labor Standards Act https://www.dol.gov/agencies/whd/flsa
Overtime Pay https://www.dol.gov/agencies/whd/overtime
Family and Medical Leave Act (FMLA)
FMLA https://www.dol.gov/agencies/whd/fmla
FMLA Forms FMLA: Forms | U.S. Department of Labor (dol.gov)
FMLA Fact Sheet FMLA: Fact Sheets | U.S. Department of Labor (dol.gov)Medical
Negligence Law
Medical Malpractice
Maryland Medical Malpractice law https://www.nolo.com/legal-encyclopedia/marylandmedical-malpractice-laws.html
Pretrial Medical Malpractice Screening Panels: A State Law Guide
https://marcianolegal.com/2017/02/pretrial-medical-malpractice-screening-panels-a-statelaw-guide/
Medical Malpractice State Laws: Statutes of Limitations
https://www.alllaw.com/articles/nolo/medical-malpractice/state-laws-statuteslimitations.html
Risk Management Tools
Hughes, R Tools, and Strategies for Quality Improvement and Patient
Safety https://www.ncbi.nlm.nih.gov/books/NBK2682/
Institute for Safe Medication Practices (ISMP) List of Confused Drug Names
https://www.ismp.org/recommendations/confused-drug-names-list
Joint Commission Official Do Not Use List Do Not Use List | The Joint Commission
Joint Commission 2021 National Patient Safety Goals
https://www.jointcommission.org/standards/national-patient-safety-goals/
Checklists https://psnet.ahrq.gov/primer/checklists
Employment and Labor Contracts
Employment Contract Provisions https://www.findlaw.com/smallbusiness/employmentlaw-and-human-resources/employment-contract-provisions.html
Arbitration Clauses in Employee Contracts. The National Law Review. (Feb. 27, 2020)
https://www.natlawreview.com/article/general-counsel-s-view-arbitration-clausesemployee-contracts
Employee Arbitration Agreements https://www.findlaw.com/employment/hiringprocess/employment-arbitration-agreements.html
Arbitration Clauses in Contracts https://www.nolo.com/legal-encyclopedia/arbitrationclauses-contracts-32644.html
NLRB Collective Bargaining Rights Collective bargaining rights | National Labor
Relations Board (nlrb.gov)
NCSL At-Will Employment Overview At-Will Employment – Overview (ncsl.org)
MNA: The Concept of Just Cause in union contracts
https://www.massnurses.org/labor-action/labor-education-resources/grievances-101/justcause
Termination for Just Cause Sample Clauses
https://www.lawinsider.com/clause/termination-for-just-cause
Credentialing
Healthcare Provider Service Organization (HPSO) Staff Credentialing
Checklist https://www.hpso.com/risk-education/individuals/articles/Staff-CredentialingChecklist
Health Care Quality Improvement Act (HCQIA)
https://www.npdb.hrsa.gov/resources/titleIv.jsp
Patient Safety and Quality Improvement Act (PSQIA) https://www.hhs.gov/hipaa/forprofessionals/patient-safety/statute-and-rule/index.html
National Practitioner Data Bank (NPDB) https://www.npdb.hrsa.gov/index.jsp
National Labor Relations Board (NLRB) and union laws
National Labor Relations Board (NLRB) https://www.nlrb.gov/
Employer/Union Rights and Obligations https://www.nlrb.gov/about-nlrb/rights-weprotect/your-rights/employer-union-rights-and-obligations
National Labor Relations Act (NRLA) https://www.nlrb.gov/guidance/key-referencematerials/national-labor-relations-act
Right to Work Laws https://www.ncsl.org/research/labor-and-employment/right-to-worklaws-and-bills.aspx
What are Right to Work Laws? https://www.findlaw.com/employment/wages-andbenefits/what-are-right-to-work-laws.html
Employee Training Materials
HIPAA Training Materials Training Materials | HHS.gov
OSHA Hospital Safety Training https://www.oshatrain.org/pages/hospital_safety.html
CDC COVID-19 Training for health care professionals
https://www.cdc.gov/coronavirus/2019-ncov/hcp/training.html
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