By Danika Brinda bio The Office for Civil Rights (OCR) of the Department of Health and Human Services (HHS) hit a new record on Sept. 15, 2020—five HIPAA Fines with Corrective Action Plans in one day. The fines and corrective action plans had one main theme in common—not supplying patients with a copy of requested medical records in a timely fashion. The other thing of note … [Read more...] about 5 lessons learned From 5 HIPAA fines in one day
Compliance
CMS announces historic changes to physician self-referral regs
CMS has finalized changes to the Physician Self-Referral Law. The law prohibited physicians from making referrals to an entity, for certain health care services, if the physician had a financial relationship with the entity. The Centers for Medicare & Medicaid Services announced the changes to outdated federal regulations it says have burdened health care providers with … [Read more...] about CMS announces historic changes to physician self-referral regs
The new paradigm for physician compensation: payment for value/quality v. volume
By John McDaniel bio How will physician compensation arrangements be impacted by quality incentive payments with respect to determining Fair Market Value and commercial reasonability? The enactment of the Medicare Access and CHIP Reauthorization Act (MACRA) in November 2016 set forth future options for payment from Medicare, those being participation in the Merit‐Based … [Read more...] about The new paradigm for physician compensation: payment for value/quality v. volume
OSHA says cloth face coverings are not “PPE”
By Mike O'Brien bio In an update to its FAQ, OSHA has stated that cloth face coverings do not constitute personal protective equipment (PPE). According to OSHA, there isn’t enough information currently available to determine if a particular cloth face covering provides sufficient protection from the coronavirus hazard to be PPE under OSHA’s standard. OSHA’s determination is … [Read more...] about OSHA says cloth face coverings are not “PPE”
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 … [Read more...] about Do employers owe employees paid sick leave when they self-quarantine?
How to Create a Legally Sound Substance Abuse Policy
Bottom Line on Top: Make it all about fitness for duty, rather than zero tolerance Although it may sound good, zero tolerance may not be the best foundation on which to build a legally enforceable workplace substance abuse policy. This is especially true in states that have legalized recreational marijuana. The reason drug and alcohol use and impairment in the workplace cannot … [Read more...] about How to Create a Legally Sound Substance Abuse Policy
How to create a legally sound COVID-19 medical screening policy
As essential workplaces, medical offices need to remain open and operating during the pandemic. At the same time, they need to ensure that employees practice social distancing and keep the infected and potentially infected away from the well. Like so many other companies facing the same challenge, you may be considering medically screening your employees each day before … [Read more...] about How to create a legally sound COVID-19 medical screening policy
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, … [Read more...] about Who’s an independent contractor? DOL explains
Office’s duty to protect returning employees from COVID-19 discrimination and harassment
SITUATION Fully recovered from his bout with COVID-19, Max is thrilled and excited to return to his custodian job after 14 days of mandatory home isolation. But almost immediately, he senses that something is wrong. His co-workers shun him and leave the room the moment he enters. And, while hygiene and handwashing are de rigueur for all maintenance staff, Max alone is required … [Read more...] about Office’s duty to protect returning employees from COVID-19 discrimination and harassment
Telecommuter home office hazard assessment & inspection checklist
While not an OSHA obligation, it’s highly advisable to take measures to protect the health and safety of telecommuting office employees who work from home. How? By having employees seeking approval to telecommute designate a room or area as their home workspace and arranging for somebody to perform a hazard assessment inspection to verify that the workspace is safe, healthy and … [Read more...] about Telecommuter home office hazard assessment & inspection checklist