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Answer the Discussion Board board questions in paragraph form

Joan Leikvold was hired by Valley View Community Hospital as an operating room supervisor in 1972. She did not have a contract for a specific duration, nor was she told that the hospital would not discharge her except for cause. She was provided with a policy manual and told that the policies were to be followed in her employment relationship with the hospital. In 1978, she became the director of nursing. In October 1979, she requested a transfer back to her former position in the operating room. The chief executive officer (CEO) felt that it was inadvisable for someone who had been in a managerial position to take a subordinate position. Leikvold withdrew the transfer request but was subsequently fired. Her personnel record indicated “insubordination” as the reason for discharge. Leikvold was an at-will employee. At-will means that there is a contract made for an indefinite duration and either party, employer or employee, may terminate the contract at any time for any reason, or without reason, provided the reason is not discriminatory. Can the CEO fire Leikvold?

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1) Your response should be in depth (3-4 paragraphs for the initial post. Defend your position with concrete examples from the weekly content.

2) APA citation is required.

Chapter Overview

Because state and federal laws closely regulate medicine, students will need to know the laws and regulations that govern the practice of medicine and the procedures they are permitted to perform.

This chapter explains the many laws that students will encounter in the workplace. Discrimination is a prominent issue in the hiring and promotion of employees that your students will want to know about. This chapter also addresses sexual harassment, a serious problem in the workforce. Students will learn how the ADA regulates the hiring and promotion of physically and mentally disabled individuals; the FADA protects the rights of older workers; the Equal Pay Act prevents the practice of paying women less than men for the same job; the FLSA establishes a federal minimum wage, mandates extra pay for overtime work, and regulates the employment of children; the ERISA involves pensions; and, the OSHA affects health care workers, particularly with regulations involving right-to-know laws and blood-borne pathogens.

Other issues discussed in this chapter are workers’ compensation and social security, which affect every employer and employee. The chapter also explains that Medicare and Medicaid are government-sponsored health care delivery and compensation systems.

And, finally, this chapter makes clear that procedures manuals, job descriptions, and employee handbooks are all part of the business side of a medical practice, as are laws affecting collection procedures.

Recommended Resources

These resources are provided for additional information about select topics:

• Sexual harassment:

U.S. Equal Opportunity Employment Commission. (n.d.). Sexual harassment. In Laws, rules, & regulations. Retrieved from 33Thttps://www.eeoc.gov/laws/types/sexual_harassment.cfm33T

• ADA Amendments Act of 2008. Retrieved from 33Thttps://www.eeoc.gov/laws/statutes/adaaa.cfm33T

• OSHA. Retrieved from 33Thttps://www.osha.gov/33T

• Social Security. Retrieved from 33Thttps://www.ssa.gov/33T

• Medicare. Retrieved from 33Thttps://www.medicare.gov/

• Medicaid. Retrieved from 33Thttps://www.medicaid.gov/

Law, Liability, & Ethics For Medical Office Professionals

Sixth Edition

Chapter 2

Laws and Regulations You Will Encounter

Copyright © 2018 Cengage. All Rights Reserved.

Copyright © 2018 Cengage. All Rights Reserved.

Objectives (1 of 2)

Recognize complexity of government influence on practice and licensing of medicine

Describe importance of understanding basic employment, discrimination, and harassment laws when hiring, promoting, and terminating employees

Identify provisions of Family and Medical Leave Act

Recognize situations affected by Americans with Disabilities Act (ADA)

Identify four social security benefits

Copyright © 2018 Cengage. All Rights Reserved.

Objectives (2 of 2)

Recognize differences between Medicare and Medicaid

Define Employee Retirement Income Security Act (ERISA)

Recognize importance of Occupational Safety and Health Act (OSHA) regulations

Define job descriptions, procedures, manuals, and employee handbooks

Describe basic collection protocol

Copyright © 2018 Cengage. All Rights Reserved.

Introduction to Health Care Laws, Regulations, and Business Protocols

As a medical office professional, you will want to be aware of:

Medical practice laws and regulations

The nature of your employment

Discrimination

Sexual harassment

Health care laws and regulations

Union membership and collective bargaining.

Copyright © 2018 Cengage. All Rights Reserved.

Government Regulation of Health Care Providers (1 of 2)

Medical practice laws control practice of medicine

State legislatures establish state medical boards with authority to control health care provider licensing

Copyright © 2018 Cengage. All Rights Reserved.

Government Regulation of Health Care Providers (2 of 2)

Licensing boards grant, renew, and revoke licenses

Physicians to submit reports under certain circumstances.

Child and elder abuse

Controlled substances acts restrict distribution, classification, sale, and use of certain drugs

Copyright © 2018 Cengage. All Rights Reserved.

Employment Law (1 of 3)

Discrimination law does not allow employers to ask questions concerning, race, religion, age, or whether a woman is pregnant

Pre employment testing ensures that tests will only measure skills and abilities necessary to do job

Drug testing is necessary to ensure public’s safety

Equal Opportunity Employment prohibits employment based on race, color, religion, sex, or national origin

Copyright © 2018 Cengage. All Rights Reserved.

Employment Law (2 of 3)

Drug Testing

Employers allowed to test potential employees as part of hiring process

EEOC administers and enforces Title VII of the Civil Rights Act of 1964

Copyright © 2018 Cengage. All Rights Reserved.

Employment Law (3 of 3)

Disparate Treatment does not allow employers to treat employees differently because of their race, sex, religion, or national origin

Disparate Impact ensures that employers do not treat employees differently in an “adverse” manner on a particular protected group

For example, a minimum height requirement may discriminate against women

Copyright © 2018 Cengage. All Rights Reserved.

FMLA

The Family and Medical Leave Act of 1993 (FMLA) requires employers of 50 or more to provide up to 12 weeks of unpaid leave each year for “serious health condition” of an employee or member of employee’s immediate family or for birth or adoption of a child

Copyright © 2018 Cengage. All Rights Reserved.

ADA

The Americans with Disabilities Act (ADA) covers physical as well as mental disabilities in employment, public services, public accommodations, and telecommunications

Copyright © 2018 Cengage. All Rights Reserved.

Federal Age Discrimination Act

The Federal Age Discrimination in Employment Act of 1967 (FADA) covers age discrimination and protects rights of older workers

Copyright © 2018 Cengage. All Rights Reserved.

Equal Pay Act

The Act was passed in 1963 to end the practice of paying women less than men for the same job

Copyright © 2018 Cengage. All Rights Reserved.

Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) establishes federal minimum wage, mandates extra pay for overtime work, and regulates the employment of children

Copyright © 2018 Cengage. All Rights Reserved.

Workers’ Compensation

Workers’ compensation laws are administered by state governments and create a mandatory insurance system that reimburses employees for losses sustained because of work-related injury or disease, regardless of fault.

Copyright © 2018 Cengage. All Rights Reserved.

Social Security (1 of 2)

Social security (Ss) include several different but related programs:

Retirement

An individual becomes eligible for retirement benefits at the age 62

Retirement benefits require a total of 40 quarters or 10 years of work credit from covered employment

Disability

Benefits are paid to individuals who are disabled

Any medical condition that prevents an individual from being gainfully employed may be considered a disability

Copyright © 2018 Cengage. All Rights Reserved.

Social Security (2 of 2)

Dependent’s/Survivor’s Benefits

Certain dependents of a retired or disabled worker are eligible for monthly benefits if worker is eligible for retirement or disability benefits

Surviving family members of a deceased worker may be entitled to survivor’s benefits

Copyright © 2018 Cengage. All Rights Reserved.

Medicare

Medicare is a federal insurance program for people who are entitled to Medicare from their social security contributions and payment of premiums

Copyright © 2018 Cengage. All Rights Reserved.

Medicaid

Medicaid is a program jointly administered by federal government and state government for low-income individuals obtainable through social services or welfare departments

Copyright © 2018 Cengage. All Rights Reserved.

Employee Retirement Income Security Act (ERISA)

Protects and regulates pensions

Copyright © 2018 Cengage. All Rights Reserved.

Health Insurance Portability and Accountability Act of 1996 (HIPAA)

Guarantees renewal and transferability of health insurance coverage to those already with coverage and to their dependents

Copyright © 2018 Cengage. All Rights Reserved.

HITECH Act

The Health Information Technology for Economic and Clinical Health Act (HITECH) encourages and requires use of various methods of health care technology with improved health care as objective

Copyright © 2018 Cengage. All Rights Reserved.

Occupational Safety and Health Act (OSHA)

OSHA rules and regulations are intended to prevent injuries and promote job safety

OSHA is authorized to enforce standards through:

Complaint

Inspection

Investigation

Copyright © 2018 Cengage. All Rights Reserved.

Unions and Health Care Workers

In 1919, American Federation of Labor organized engine room, laundry, and dietary employees; nurse’s aides; and orderlies in three San Francisco hospitals

American Nurses’ Association (ANA) supports collective bargaining

Copyright © 2018 Cengage. All Rights Reserved.

Working Conditions

Every position in an office should have a job description divided into two parts:

Responsibilities of each employee

Listing of tasks to be performed by each employee

Copyright © 2018 Cengage. All Rights Reserved.

Procedure Manuals and Handbooks

Procedures Manual describe in detail the manner in which a task in job description should be carried out

Handbooks provide personnel policies and related instructions

Copyright © 2018 Cengage. All Rights Reserved.

Collections

Steps

Notification

Contact individual

Determine if there is a valid reason for failure to pay

Discuss alternative payment schedule

Copyright © 2018 Cengage. All Rights Reserved.

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