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COMPLIANCE

What to do when an employee uses FMLA to cover drinking

By Lynne Curry Question: We suspect one of our employees of using intermittent FMLA leave to cover her abuse of alcohol. We see a clear pattern. She takes leave two to three Mondays a month. Prior to her requesting FMLA leave, she claimed occasional sick days on Mondays. Other employees have noticed her leaving early on Fridays as well. With this fact pattern and given the rumors now circulating, may we start asking her to bring doctor’s notes each week to justify her need for Monday leave? Answer: While a Monday absence pattern may indicate alcoholism, you can wind up in legal hot water if you ask for weekly doctor’s notes from an employee using intermittent Family Medical Leave. In a landmark case, Oak Harbor Freight Lines v. Antti, the… . . . read more.

MANAGEMENT

Workplaces slow to get well from COVID-19 damage

By Lynne Curry You’ve heard that “long-haulers,” individuals with long COVID, suffer persistent COVID-19 symptoms that erode their quality of life. Anyone scanning the workplace soon realizes that some employers suffer from “long COVID”. A few refuse employers treatment, expecting to get well on their own. Three symptoms signal an employer suffers “long COVID”. Difficult to fill vacancies and continual turnover Job openings outnumber available workers by 5.46 million. So many potential employees have left the labor market to become self-employed, or gig and contract workers, that employers with vacancies continue to fight talent wars. Desperate to fill their positions, long hauler employers hire hastily, hoping the “best of the worst” will work out. Some new hires don’t last a day. Others leave without notice within their first four months,… . . . read more.

EMPLOYMENT LAW UPDATE

Court gives guidance about return to onsite work and ADA

By Mike O’Brien In ADA Case, Tenth Circuit says onsite work may be essential One of the most frequent questions that the writers of these updates receive is whether employers who moved to a remote workplace in response to the COVID pandemic may now recall employees to onsite work. Generally, we’ve advised employers that they are free to require onsite work, although they may need to make exceptions for employees with disabilities under the Americans with Disabilities Act (ADA) or provide leave to eligible employees under the Family & Medical Leave Act (FMLA). On April 8, 2021, the United States Tenth Circuit Court of Appeals (the federal appellate court for the mountain west region), issued an important ADA decision about onsite work requirements in the case of Unrein v. PHC-Fort Morgan,… . . . 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.

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.

PRODUCTIVITY

Five ways to boost practice efficiency on a shoestring budget

By Karen Mattocks bio It is every manager’s mantra: ‘Do more with the same number of staff.’ Translation? See more patients. Submit more claims. Generate more revenue—all while providing high-quality, low-cost care. How do successful managers accomplish this? They remove the organizational-level barriers that drain productivity, says Michael Mankins, co-author of Time, Talent, Energy: Overcome Organizational Drag and Unleash Your Team’s Productivity Power. ‘Organizational drag’ refers to the cumulative effect of institutional factors that drain energy and decrease output. Through his research, Mankins found that companies lose more than 20% of their capacity for productivity—more than a day each week—to organizational drag. The good news is that boosting productivity doesn’t require a huge budget or even major changes. The reality is that small steps can make a big difference in… . . . read more.

KEEPING YOUR EMPLOYEES

Avoid these mistakes when creating staff development plans

By Cheryl Toth bio For nine consecutive years, “lack of career development” has led the reasons why employees quit. To reduce the costly turnover that results from these resignations, many practice managers are looking for ways to develop and enhance the skills of their team. A straightforward way to approach this is to create a professional development plan for each employee. These plans support staff career development by identifying training needs, providing resources, and laying out timelines to achieve professional growth goals. Here are 7 common pitfalls to avoid as you create development plans for your team.  Setting too many goals. Enthusiastic staff and high performers often set too many goals, creating a plan that’s unfocused and difficult to achieve. A high performing nurse administrator I coached listed 14 goals… . . . read more.

CORONAVIRUS

Practical guidance for medical office employers handling coronavirus

By Paul Edwards bio We know there is a lot of information (and misinformation) out there about the coronavirus (COVID-19) and how to handle it in the workplace. Our goal is to provide you with guidance on how to handle this as an employer—practical solutions for the impact the coronavirus may have on your business. If an employee is sick, can I send him/her home? If an employee is objectively showing signs of being sick—flu symptoms, bad cold symptoms, coronavirus symptoms, or other—you are able to send them home so that they don’t pose a health risk to the rest of your team or other visitors to the office. Most employers encourage their teams to stay home if they are unwell, but don’t necessarily require it unless it appears to… . . . read more.

Five reasons you need an employee handbook

By Julie Ellison bio For many employers, the idea of creating an Employee Handbook is overwhelming.  But the importance of having one should outweigh that hesitancy given the peace of mind it can provide you while you are busy running your law firm or business. An Employee Handbook is your roadmap for what your employees can expect from you and what you expect from your employees.  It should be simple, straightforward and relevant.  Not having one in place can create huge headaches that are completely avoidable. Here are five good reasons to have an employee handbook: 1. Handbooks Set Employee Expectations Handbooks allow you to clearly set forth everything from job responsibilities to disciplinary procedures, thus keeping employee expectations consistent with the employer. Experience teaches us that employees are willing to… . . . read more.

BILLING & COLLECTIONS

5 ways to break down bureaucracies to get payer contracts

By Steve Selbst bio It is important to remember that payers are large companies, with protocols, policies and business practices. As with any large company, there are bureaucracies, and they are necessary to maintain the order and success of these organizations. Therefore, the first tip is to understand that to get contracted you need to identify the right department and right person to send your request to get contracted. This is usually the payer contracting department and payer contracts’ manager. Generally, you will be sending your requests to the payer contracts’ manager in your state. A common mistake is to—instead—send these requests to provider relations or to another department. This brings us to our second tip. That is, figure out the approach the payer is using to establish its fee… . . . read more.


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