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.Watch:Vicarious Liability for Torts of an Agent https://www.youtube.com/watch?v=rx4mtOqwU9EReview: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=edsebook PLEASE USE SOME OF THESE SOURCES AND PLEASE USE YOUR OWN WORDS
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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