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You are here: Home / Archives for Compliance
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Model Medical Office Workplace Vaccine Passport Policy

September 16, 2021 by

Although courts have yet to weigh in on the issue, guidelines from the US Equal Employment Opportunity Commission and other regulatory agencies indicate that employers may implement vaccine passports if they perform a workplace assessment and determine that limiting entry to the vaccinated is a necessary health and safety measure to prevent an imminent risk. Employers must also ensure that their passport policies comply with anti-discrimination and privacy protection requirements. Here’s a Model Policy that you can adapt for use at your own medical office, depending on the workplace-specific circumstances involved.

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COMPLIANCE

5 things to do when implementing a vaccine passport policy at your medical office

September 16, 2021 by

Like many other health providers, you might have been undecided about whether to mandate that your employees get the COVID-19 vaccine. However, now that the FDA has fully approved a coronavirus vaccine, namely, the Pfizer BioNTech, you are on much stronger legal ground in requiring that employees get vaccinated. One strategy that may work, especially for offices that aren’t administering the vaccine for their own employees, is to implement a vaccine passport, i.e., a policy requiring personnel to present proof of their vaccination status to gain entry to the workplace. What is a vaccine passport? A “vaccine passport” is a commonly accepted means of showing that a person has received the COVID-19 vaccine. Some foreign governments are creating official, uniform cards that individuals must display. (Go to this link for… . . . read more.

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COMPLIANCE

Fraud recoveries grow as feds target telemedicine and COVID-19 add-on test scams

August 8, 2021 by

Despite the COVID-19 pandemic and continued sequestration of enforcement funds, the federal Health Care Fraud and Abuse Control Program (Program) reversed recent trends and recovered more money in FY 2020 than it had the year before. In fact, recoveries for the year reached nearly $3.1 billion, the highest return since 2016. Here’s a briefing for medical office managers on the July 14 OIG report and what it says about the current state of federal health care fraud enforcement. ROI increases for second year in a row The Program was created as part of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) under the joint direction of the Attorney General and HHS Secretary, acting through the OIG, to coordinate federal, state and local law health care fraud and abuse… . . . read more.

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WORKPLACE SAFETY

OSHA orders inspectors to use the hammer to enforce new COVID-19 protocols

July 28, 2021 by

On June 21, OSHA issued a new Emergency Temporary Standard (ETS) requiring health care providers to take extensive measures to protect frontline workers against risk of COVID-19 infection. Exactly one week later, the agency issued internal Compliance Directive 2021-02 (the Directive) telling OSHA inspectors how to enforce the new ETS. The 67 pages of instructions shed light on how the agency intends to hand out penalties for violations, which, in turn, offers insights for offices on how to avoid them. What the ETS covers Responding to criticism about health care workers being left unprotected during the pandemic, the ETS lays down a laundry list of things providers must do to guard against workplace COVID-19 infections. Although most of the measures were already required under previous public health guidelines, the ETS… . . . read more.

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Employment Law Update

Making faces doesn’t count as retaliation

July 18, 2021 by

By Mike O’Brien Not every negative consequence amounts to retaliation In asserting a claim for retaliation, an employee must prove he or she suffered a “materially adverse action.” But that probably doesn’t include someone “making faces” at you. In Fisher v. Bilfinger Industrial Services Inc., the employee alleged that his supervisor retaliated against him by (among other things) “making faces at him.” The First Circuit Court wasn’t impressed. The court noted that “adverse employment actions” are things like “discharges, demotions, refusals to hire, refusals to promote, and reprimands.” “Making Faces,” on the other hand, amounts to “a frivolous claim that does not implicate Title VII.” In the litigation world, we call this a “bench slap.” You can read the full decision here. More limits on non-competes . . . eventually On July… . . . read more.

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BILLING

New federal rule to protect consumers from surprise medical bills

July 13, 2021 by

The Biden-Harris Administration has announced a rule to protect consumers from surprise medical bills. The U.S. Departments of Health and Human Services (HHS), Labor, and Treasury, and the Office of Personnel Management, issued “Requirements Related to Surprise Billing; Part I,” an interim final rule that will restrict excessive out of pocket costs to consumers from surprise billing and balance billing. Surprise billing happens when people unknowingly get care from providers that are outside of their health plan’s network and can happen for both emergency and non-emergency care. Balance billing, when a provider charges a patient the remainder of what their insurance does not pay, is currently prohibited in both Medicare and Medicaid. This rule will extend similar protections to Americans insured through employer-sponsored and commercial health plans. “No patient should… . . . read more.

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HIPAA

Could your organization’s website reveal your HIPAA non-compliance?

July 8, 2021 by

By Danika Brinda Did you know that your organization’s website can reveal to the world that you are out of compliance with HIPAA? A quick look at your organization’s website could reveal to a HIPAA auditor that your organization is struggling with HIPAA compliance. Wondering what I am referring to? The Notice of Privacy Practices! The regulations state that your organization must ensure that the most current version of your Notice of Privacy Practices is posted on the organization’s website (if one exists). Here is the specific language of the regulations: CFR 164.520(c)(3)(i) – A covered entity that maintains a website that provides information about the covered entity’s customer services or benefits must prominently post its notice (of privacy practices) on their website and make the notice available electronically through their website. Go… . . . read more.

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QUIZ

Who Has OSHA responsibility for the health & safety of a temp?

June 9, 2021 by

What are your OSHA duties to temporary workers (“temps”) whom you hire from a temp agency to work at your medical office? Stated differently, are you or the temp agency responsible for the temp’s health and safety? Here’s a set of scenario quizzes that illustrate how the rules work. SCENARIO 1: RESPONSIBILITY FOR HAZCOM TRAINING The Temps R’Us Agency (Agency) assigns an employee to temporary work at XYZ Medical Office (Office). Agency is aware that Office’s workers handle and use hazardous chemicals for testing operations. But the temp has no Hazcom training whatsoever. As a result, he suffers an injury as a result of exposure to a toxic chemical while working for Office. QUESTION Who’s responsible for providing the temp the required Hazcom training? Agency Office Both Neither ANSWER Both… . . . read more.

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COMPLIANCE

Beware of privacy pitfalls when remotely monitoring telecommuters

June 4, 2021 by

Before the pandemic, 80 percent of U.S. employees worked primarily from an external workplace; today, only 21 percent do. Coaxing employees to return to the workplace will be an uphill battle, with recent surveys, including one from Pew Research, suggesting that 54 percent of those who are currently working remotely want to continue spending at least some of their working hours at home. In short, as with other employers, medical offices need to adjust to the realities of telecommuting. Among the biggest challenges will be maintaining productivity. One potential solution is to deploy technologies that monitor employees’ whereabouts and use of computer and other work equipment to verify that employees who work remotely are actually doing their jobs. Unfortunately, doing this exposes your office to liability risks under privacy and… . . . read more.

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Model Medical Office Employee Remote Monitoring of Telecommuters Policy

June 4, 2021 by

Letting employees telecommute poses significant operational and management challenges to employers, not the least of which is ensuring that employees are actually doing their jobs and meeting expected productivity standards when working from home. Software, apps and other monitoring technology can go a long way in meeting this goal; but it can also get you into hot water under privacy and other laws. The best way to manage privacy liability risk is to include specific language in your telecommuting policies and arrangements that provides for monitoring. The idea is to let employees know exactly what you’re going to do and how, and ensure they don’t have reasonable expectations in the information collected. Here’s some model language you can adapt for your own use.

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