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It is important to ensure that your medical office staff get vaccinated against COVID-19 to protect not only themselves but also co-workers, patients and others at your facility. But what if workers neglect or just plain refuse to be vaccinated? There are two basic options: Option 1: Require staff to be vaccinated Option 2: Encourage staff to be vaccinated voluntarily Here’s a Model Policy you can use to implement Option 2.
As the pandemic drags on, medical offices and other essential businesses that remain open must be scrupulous to ensure employees maintain social distancing both at and away from the workplace. Here’s a Model Policy you can adapt to accomplish that objective in accordance with your specific circumstances and the terms of the latest public health guidelines in effect in your state or city.
When COVID-19 hit, healthcare teams were called upon to save the world. And they did. But what healthcare leaders didn’t realize was that the battle has just begun for healthcare heroes suffering a severe mental and emotional toll. As COVID-19 cases rise and fall and rise again, so do physician and nurse burnout. “Executive leaders are cutting back on their resources to the point where they have stopped investing in their people. They’ve stopped offering the very same programs that could help their teams protect their physical, emotional, and mental energy to ride this additional wave,” says Dr. Renee Thompson, founder of the Healthy Workforce Initiative, a global leader in addressing disruptive behavior in healthcare. Dr. Thompson says when things get tough financially, administrators cut back on education and development… . . . read more.
It behooves you to ensure that medical office staff get vaccinated against COVID-19 to protect not only themselves but also co-workers, patients and others at your facility. But what if workers neglect or just plain refuse to be vaccinated? There are two basic options: Option 1: Require medical office workers to be vaccinated Option 2: Encourage medical office workers to be vaccinated voluntarily If you select Option 2, require workers to sign a form acknowledging that they were offered the vaccine and voluntarily declined to accept it and list the reasons for doing so. Here’s a Model Policy you can adapt.
By Lynne Curry bio Can employers require their employees to receive COVID-vaccinations? While vaccination is one of an employer’s best tools for preventing COVID-19 outbreaks at their worksites, requiring employees to be vaccinated and disciplining them if they refuse comes with legal risks. Although the federal Equal Employment Opportunity Commission (EEOC)’s December 2020 guidelines stated that employers could implement and enforce mandatory COVID-19 vaccination policies for certain jobs and with certain exceptions1, the U.S. Food and Drug Administration (FDA) requires that recipients of vaccines under an “emergency use authorization” (which includes the current COVID vaccines) must be informed that they have the option to accept or refuse the vaccination. For more detail on this federal agency contradiction, see https://workplacecoachblog.com/2021/01/covid-vaccination-update-in-light-of-the-vaccines-emergency-use-authorization-status/ “The current problem,” says Perkins Coie Senior Counsel Michael O’Brien, “is that many… . . . read more.
Picture this: COVID-19 cases are surging. Your state or city is in full lockdown mode. That means, among other things, that outdoor gatherings of more than 50 people aren’t allowed. So, it disturbs you to turn on the Sunday news and see hundreds of people crowding together to demonstrate right in the middle of downtown. And then it gets personal. You recognize one of those demonstrators. She’s one of your medical office’s employees! What the heck is she doing there?! And, gulp, you also notice that she’s not wearing a mask! Now what? Can you discipline the employee for participating in the illegal demonstration and not wearing a mask? Off-duty conduct, employee discipline and COVID-19 The statement that what employees do when they’re away from work is none of your… . . . read more.
It’s important to ensure that medical office workers get vaccinated against COVID-19 to protect not only themselves but also co-workers, patients and others at your facility. But what if workers neglect or just plain refuse to be vaccinated? There are two basic options: Option 1: Require medical office workers to be vaccinated option 2: Encourage medical office workers to be vaccinated voluntarily Here’s a Model Policy you can use to implement Option 1.
Although it’s clearly a positive development for the world at large, the almost miraculous emergence of a vaccine for COVID-19 in less than a year poses legal challenges for employers in general and medical office staff and other healthcare providers in particular. The Question: Can employers require their workers to get the vaccine? Bottom Line on Top: The answer is probably but not 100 percent certainly YES. And even if a mandatory vaccine policy is justifiable, it’s also subject to strict restrictions. Legal justification for mandatory vaccination policies Even though the COVID-19 situation is new and unprecedented, we can still discern the boundaries with regard to employers’ rights to demand that workers get vaccinated. Specifically, we know that OSHA, courts and arbitrators have historically upheld mandatory flu vaccination policies (as… . . . read more.
As long as COVID-19 remains a threat, you run the risk of being sued by patients, vendors, guests and other visitors (“visitors”) who claim they contracted the virus at your office as a result of your inadequate safety measures. One way to limit liability is having visitors sign a form agreeing to waive their rights to sue you for COVID-19 infections before entering the office. Although there’s no guarantee that a court would enforce such a waiver, the Model Form below uses fairly conservative language that has been found to be enforceable in other situations. Caveat: The inclusion of the phrase purporting to insulate you against your own negligence in Sections 3 and 4 is fairly risky and you may want to talk to counsel about whether to use it… . . . read more.
By Mike O’Brien bio Employment law continues to change rapidly with a change in federal government administration and the continuing pandemic. As manager of a medical office, it’s just one more thing to keep up with. Here are a few recent developments. New rules coming for employer wellness programs On Jan. 7, 2021, the EEOC issued proposed rules related to what incentives employers can offer as part of wellness programs. The new rules come in response to a decision of the U.S. District Court for the District of Columbia that vacated a portion of the EEOC’s previous ADA and GINA regulations. HIPAA allows employers to offer incentives up to 30 percent of the total cost of health insurance to encourage participation in certain types of wellness programs. However, the ADA… . . . read more.
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