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CYBERSECURITY

Disinformation endangers your company, not just democracy

By Doug Striker bio Did you hear about the rumor that COVID-19 was spread by mobile devices using the 5G network? It sounds so insane and far-fetched that no one would believe it, right? I mean, how in the world would a virus travel through a cell phone frequency band, into a cell phone or tablet, and then out of the device into a person’s body? But thanks to social media, fake news sites set up by bad actors, and Average Joes (like you and me) who click that “share” button all too readily, the rumor spread like wildfire, gaining so much traction that people were literally lighting cell phone towers on fire around the world. Why would someone spread such nonsense? And when I say “someone,” I not only… . . . read more.

COVID-19

Our employees may stage a Thanksgiving rebellion

By Lynne Curry bio Question: I overheard a breakroom conversation last week and learned several employees were planning to get together with extended families for Thanksgiving. One employee was letting another know that if she didn’t “have any place to go,” she could join their family gathering. I honestly couldn’t believe this given the uptick in COVID-19 in our community, so I decided to call an all-hands meeting. I held the meeting in the downstairs lobby so we could physically distance. I started with the Center for Disease Control (CDC)’s guidance that we celebrate virtually or within our household. I added that the CDC specifically says those who don’t currently live in our household, even if family members, need to be viewed as members of different households. I reminded everyone… . . . read more.

EMPLOYMENT LAW UPDATE

How HR regulations could change under Biden administration

By Mike O’Brien bio Employers may be wondering how a Biden administration will affect workplace laws. Prior to the election, Biden’s campaign website gives some clues as to his priorities in this area. Biden lists the failure to pay minimum wage and overtime pay, forcing off-the-clock work, and misclassifying workers as problems resulting in billions of dollars a year in wage theft. To address those issues, he proposes a phased-in implementation of a $15 per hour federal minimum wage (including eliminating the tip credit). He also supports the adoption of a more stringent test for classifying workers as independent contractors, similar to the ABC test employed by California. This type of test would almost certainly result in many more workers being deemed employees and fewer being properly classified as independent… . . . read more.

Can we use a contact tracing app to protect our business and employees?

By Lynne Curry bio Question: Every morning we conduct wellness checks on our employees as they arrive at work, but worry that some employees don’t monitor physical distancing when not at work. We’re barely hanging on as a practice, but all it would take is one employee getting COVID and infecting our other employees to shut us down. We have heard apps can provide real-time contact tracing and wonder if we can require our employees to wear them even when not at work? Answer: Potentially. According to the Occupational Safety and Health Administration, employers must act to reduce and manage COVID-19-related hazards in the workplace. Employers can view video surveillance that shows when employees clock in and out and reveal an employee’s interactions while at work. Employers can provide employees… . . . read more.

Do employers owe employees paid sick leave when they self-quarantine?

By Lynne Curry bio Question: After I spent a weekend bar hopping, I felt remorseful, and self-quarantined so I wouldn’t bring COVID into my workplace and make others ill. I also took a COVID test and luckily tested negative. Since my employer had moved everyone back on-site, I couldn’t work remotely and labeled my time off as sick leave. I just got my paycheck and apparently my employer has denied my sick leave. What’s my recourse? Answer: The Families First Coronavirus Response Act (FFCRA) allows most private sector employees up to 80 hours of paid sick leave in five instances. A health care provider advises the employee to self-quarantine; the employee is seeking a diagnosis for COVID-19 symptoms; the employee or someone the employee is caring for is under a… . . . read more.

Employment Law Update

The workplace in 2020: political talk, COVID-19 violence, executive order

By Mike O’Brien bio  Don’t forget labor relations rules when employees talk politics at work During this month’s contentious election season—with a highly polarized American electorate—many employers may be grappling with problems arising from workplace political discussions. Research by the Society for Human Resource Management (SHRM) has indicated that more than a quarter of workers report regularly talking about politics at work. Disputes and tension often result. Employers wishing to regulate political speech at work should remember that the National Labor Relations Act (NLRA) may affect their options. Although employees often assert that they have a First Amendment right to free speech, this is a misconception. The First Amendment restricts government action, not that of private employers. However, Section 7 of the NLRA gives employees the right to talk to each… . . . read more.

CODING

Impact of 2021 evaluation and management coding changes to WRVU based physician compensation

By John McDaniel bio As you may know, all physician contracts which include any form of WRVU based compensation will need to be reviewed and probably amended due to the increase in WRVUs (work relative value units) associated with E&M CPT codes effective Jan. 1, 2021. We recently conducted an assessment for one of our hospital clients which showed the ʺunintended consequencesʺ of increased compensation to the physicians/providers and the resultant impact to fair market value standards. This has been necessitated by CMS whereby the final decision involved eliminating CPT Code 99201 and leaving CPT Code 99211 unchanged. The changes for CPT Codes 99202‐99205 and 99212‐99215 have resulted in increased reimbursement since the WRVUʹs for these codes have increased. Indeed, the increase in the WRVU component will certainly affect physician compensation… . . . read more.

EMPLOYMENT LAW UPDATE

New COVID-19 guidance for your medical office from EEOC

By Mike O’Brien bio The Equal Employment Opportunity Commission (EEOC) recently updated its COVID-19 guidance page, addressing a number of issues. Here are some of them: On coronavirus testing, the EEOC said general testing administered by employers consistent with current CDC guidance will meet the ADA’s “business necessity” standard, and noted that employers should ensure that the required COVID-19 tests are accurate and reliable according to the FDA, CDC, and other public health authorities. If an employer wants to test only one employee, however, the employer should have a reasonable objective belief that he/she might have the disease. The EEOC says an employer can ask employees whether they have had contact with anyone diagnosed with COVID-19 or who may have symptoms associated with the disease, but should not phrase that… . . . read more.

EMPLOYMENT LAW UPDATE

Who’s an independent contractor? DOL explains

By Mike O’Brien bio DOL tries to clarify independent contractor definition The US Department of Labor (DOL) has proposed what it believes is a simplified definition of independent contractor (IC) for purposes of applying wage provisions of the Fair Labor Standards Act (FLSA), which applies only to employees. The new DOL proposal still focuses on the factors of economic reality, but tries to clarify how to apply them. DOL says employers first should focus on two core factors: (1) the nature and degree of the worker’s control over the work and (2) the worker’s opportunity for profit or loss based on initiative and/or investment. If both factors point to either employee status or IC status, that probably is the right classification. If not, DOL says three additional factors must be… . . . read more.

BILLING & COLLECTIONS

Retaining patients as insurance landscape shifts

By Kerri Lenderman bio Walmart’s July announcement that they plan to start selling Medicare insurance should have resonated with America’s physicians as more than an interesting headline to interrupt a summer of coronavirus news.  Indeed, it should be a wakeup call and a reminder that unsettling and unconventional forces with deep pockets and consumer brand loyalty are forming a tsunami of disruption in how insurance will be marketed and influenced for years to come. Competition for Medicare market share has always been steep.  Historically it manifested in the form of aggressive health plan marketing campaigns from insurers and brokers, all trying to lock in Medicare eligibles – especially people approaching age 65.  Selecting a plan is overwhelming with dozens of plan options to choose from in a given market, including… . . . read more.


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