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Home » Compliance
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Model Policy: Substance Abuse and Fitness for Duty

March 13, 2023 by

Workplace substance abuse remains a major challenge for workplaces. Although sound in principle, the traditional zero tolerance policy is ill-suited to the legal complexities of the modern world. This is especially true in states that have legalized marijuana. You can still take a clear and firm line on employee drug and alcohol abuse for the purpose of health and safety. But the policy also has to exhibit finesse and sensitivity to legal subtleties. One of the best ways to create an enforceable policy is to base it not on the legality of substance abuse but the undisputable fact that it renders employees unfit for duty to the detriment of safety. Here’s a Model Policy you can adapt.

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RISK MANAGEMENT

Model Policy: Medications error reporting

March 13, 2023 by

Why you need this policy:

Medications errors are among the medical issues for which medical practices must implement Quality Assurance (QA) standards, policies, and procedures. Although the objective is to prevent such errors, practices also must be prepared to respond effectively should they occur.

 

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TERMINATION

Model Policy: Progressive Discipline and Employee Termination

March 13, 2023 by

Why you need this policy:

There’s no point in having any policies, procedures, and standards unless you’re prepared to discipline employees who disobey them. The problem is that discipline is not only unpleasant but likely to result in some form of legal grievance, especially if the employee belongs to a union. That means you’ll end up having to defend your action before an arbitrator or court.

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COMPLIANCE

What does FMLA require of a medical office employer?

January 27, 2023 by

The Family and Medical Leave Act (FMLA) is one of the employment laws that protect your staff. It is a federal law that requires certain employers to provide their employees with up to 12 weeks of unpaid, job-protected leave per year for certain qualified medical and family reasons. For a medical office employer, the FMLA requires that they provide eligible employees with job-protected leave for the following reasons: The birth of a child or the placement of a child for adoption or foster care The care of an immediate family member (spouse, child, or parent) with a serious health condition The employee’s own serious health condition that makes them unable to perform the essential functions of their job Any qualifying exigency arising out of the fact that the employee’s spouse,… . . . read more.

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COMPLIANCE

What does the Americans with Disabilities Act require of your medical office?

January 10, 2023 by

The Americans with Disabilities Act (ADA) requires medical offices to make reasonable modifications to their policies, practices, and procedures to accommodate the needs of individuals with disabilities, unless doing so would create an undue burden or fundamentally alter the nature of the services provided. This includes ensuring that the facility is physically accessible to individuals with disabilities, as well as providing appropriate communication accommodations and assistive technology. Specifically, medical offices must take the following steps to comply with the ADA: Physical accessibility: Medical offices must ensure that their facilities are physically accessible to individuals with disabilities. This includes installing ramps or chair lifts for individuals who use wheelchairs or mobility devices, providing designated parking spaces for individuals with disabilities, and ensuring that doorways and hallways are wide enough for individuals… . . . read more.

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FEDERAL PRIVACY LAW

10 basic steps to comply with HIPAA

December 24, 2022 by

HIPAA (the Health Insurance Portability and Accountability Act) is a federal law that protects the privacy of individuals’ personal and medical information. HIPAA is important for medical offices because it sets standards for the protection and handling of this sensitive information, which is critical to maintaining the trust of patients and ensuring the confidentiality of their medical records. HIPAA requires medical offices to implement and maintain certain safeguards to protect PHI, including physical, technical, and administrative measures. These measures help to ensure that patient information is only accessed and used by authorized individuals, and that it is handled in a way that maintains its integrity and confidentiality. Non-compliance with HIPAA regulations can result in significant fines and legal consequences for medical offices, as well as damage to their reputation. Therefore,… . . . read more.

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ENFORCEMENT

Physician and medical office to pay over $2.6M for false claims and kickback allegations

November 10, 2022 by

Allegations of improper billing and kickbacks have led to a penalty of more than $2.6 million for a Connecticut medical practice and physician. United States Attorney Vanessa Roberts Avery and Connecticut Attorney General William Tong announced that Feel Well Health Center of Southington, PC,  (formerly doing business as “Feel Well Health Center”) and Kevin P. Greene, M.D. (“Greene”) have entered into a civil settlement agreement with the federal and state governments and agreed to pay more than $2.6 million to resolve allegations that they violated the federal and state False Claims Acts by improperly billing federal and state healthcare programs, and that they received illegal kickbacks. Greene is a physician and the principal member and owner of Feel Well Health Center (now doing business as “Confidia Health Institute”), a primary… . . . read more.

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COMPLIANCE

What to do when an employee uses FMLA to cover drinking

November 10, 2022 by

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.

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TOOL

Office safety inspection checklist

October 28, 2022 by

The examples outlined below do not list all the possible items for office inspections. The best checklist for your workplace is one that has been developed for your specific needs. Whatever the format of the checklist, provide space for the inspectors’ signatures and the date. Inspectors: Date: (O) Satisfactory (X) Requires Action Location Condition Comments Bulletin Boards and Signs Are they clean and readable? Is the material changed frequently? Do items interfere with people walking by? Floors Is there loose material, debris, worn carpeting? Are the floors slippery, oily or wet? Stairways and Aisles Are they clear and unblocked? Are stairways well lighted? Are handrails, handholds in place? Are the aisles marked and visible? Equipment Are guards, screens and sound-dampening devices in place and effective? Is the furniture in good… . . . read more.

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COMPLIANCE

4-step plan to return overpayments

October 12, 2022 by

Do you have to return plan overpayments? The short answer is, yes. Of course, you must return money that isn’t yours. In fact, to be compliant with Medicare and most commercial payers, once you discover an overpayment, you’ve got to refund it within 60 days. That’s the word from Michael J. Sacopulos, JD, founder and CEO of the Medical Risk Institute. “Sadly, I still speak with physicians who believe it’s okay to keep the money in the bank until the payer requests a refund. One large practice I work with told me they hadn’t run the credit balance report in nearly a year. When I suggested they do so, the Medicare credit balances alone totaled more than $300,000.” This is not the time to invoke “finders keepers, losers weepers,” he… . . . read more.

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