Your health care organization has just learned that it is out of compliance in the problem areas listed below. You have been asked to research ONE problem and prepare an interoffice research memo that is single spaced and not more than two page
Individually complete the memo.
Your health care organization has just learned that it is out of compliance in the problem areas listed below. You have been asked to research ONE problem and prepare an interoffice research memo that is single spaced and not more than two pages. The Memo should addressed to the Risk Manager and include the following sections with a heading in bold for each section. Use APA for in-text citations and references.
Use only classroom materials to complete the memo. This would include the textbooks, web links, and the Classroom law library.
- Memo Heading
- Memo To:
- Memo From:
- Date:
- Re: (Regarding – your topic)
- Brief description of the problem
- State and/or federal law and agency guidelines or regulations that govern the issue including the penalty for non-compliance
- Evaluate the organizational vicarious liability.
- Evaluate 3 risk management tools that could be used to manage the risk. Indicate why you selected the tools you did. Identify how you would use the tool to identify, correct, and/or prevent risk in the situation you selected
- Recommend a 3-step (3 action) risk management plan that includes at least one of the risk management tools you evaluated.
- Give reasons to support your plan recommendations which include how the plan will mitigate, prevent, and correct the specific risk stated in your problem.
Problems (Select One)
- There was a drug and dose mix-up in the hospital last week. A pharmacist employee put the incorrect medication in the patient cart and mixed up the dose from weekly to daily. This resulted in an overdose of the incorrect medication leading to patient death. The family has filed a wrongful death lawsuit against the pharmacist and the hospital.
- An employed physician was on staff in the emergency room last week. He failed to diagnose a kidney stone. The patient returned to the emergency room two days later when a kidney stone and abdominal infection were diagnosed. The delay in treatment left the patient with double the medical bill. The patient is suing the physician and hospital for the cost of care from the delayed diagnosis.
- The infants in the newborn well-baby nursery of your hospital all have infections. The infections have been tracked back to poor sanitation of the basinets between babies and cleaning staff playing with the babies at night after cleaning dirty equipment. 3 of the parents are suing the hospital for the illness and extended hospitalization costs for their infants.
- The Certified Nurse Assistants (CNA) in your hospital have been on mandatory overtime for a month because of the high patient load. Their supervisor told them they must work overtime, but the payroll clerk is refusing to pay out so much overtime. The CNAs are suing the hospital under the Fair Labor Standards Act (FLSA) for overtime pay.
- An employee has taken a leave under the Family Medical Leave Act (FMLA) for cancer treatment which was documented as a disability under the ADA and ADAAA. The employee did not return to work on the day scheduled and was terminated. The former worker has filed a claim of disability discrimination with the EEOC and a “mediation conference” is scheduled for next week to discuss the claim.
- A black female nurse employee has applied to be a Nurse Manager 3 times, but has not been hired for the position. Every time a white male with less experience has been hired for the position. The nurse feels that she has been discriminated against and wants to file an EEOC race and gender discrimination claim.
- The union has organized all of the cleaning staff who voted for Union #222 to represent them in bargaining with the hospital. The National Labor Relations Board (NLRB) has certified the union, but hospital management refuse to bargain with the union. The union has filed an unfair labor practice claim with the NLRB.
- What is Risk Management in Healthcare? NEJM Catalyst. (Nov. 25, 2018) https://catalyst.nejm.org/doi/full/10.1056/CAT.18.0197
- Alam, A. Steps in the Process of Risk Management In Health care Journal of Epidemiology and Preventive Medicine. (April 12, 2016) https://www.researchgate.net/publication/308888285_Steps_in_the_Process_of_Risk_Management_in_Healthcare
- Discrimination by Type https://www.eeoc.gov/discrimination-type
- Bal, B. An Introduction to Medical Malpractice in the United States Clin. Orthop Relat. Res. 2009 Feb; 467(2): 339–347) https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2628513/
Optional Reading:
Stuart Showalter; Stuart Showalter
The Law of Healthcare Administration, Ninth Edition
Ch. 4 Human Resource Law
Do:
Week 10
Discussion 7 Labor and Employment: Due Tuesday by midnight of week 10
Week 11
Assignment 4 Risk Management Plan: Due Tuesday by midnight of week 11
50 %1 of 2 topics complete
List of Topics and Sub-Modules for Weeks 10 and 11: Employment and Labor
Individually complete the discussion assigned to you based on your assigned group. Your two response replies should be to each of the other topics you were not assigned. Your reply posts should evaluate employment and labor compliance and risk management strategies and tools to manage risk.Use only classroom materials to complete the discussion. This would include the textbooks, weblinks, the Classroom law library, and Compliance libraryGroup 1/Hiring
- The Tracks We Leave Ethics and Management Dilemmas in Healthcare, 3rd Ed.: Ch. 5 Gender Discrimination: Rolling Meadows Community Hospital
- The Tracks We Leave Ethics and Management Dilemmas in Healthcare, 3rd Ed.: Ch. 17 Management and Diversity, and Inclusion
Part 1: Critical Analysis of the Law
- Evaluate and discuss the requirements of one of the following laws and how it applies in hiring. What does a manager need to do or not do to comply with it?
- Title VII protections for race, color, national origin, sex, religion
- Pregnancy Discrimination Act
- Federal labor laws enforced by the National Labor Relations Board (NLRB) including National Labor Relations Act (NLRA)
- Union contracts in the right to work vs non-right to work states and impact on hiring
- Evaluate one of the following tools for compliance in hiring and indicate how it would help limit risk. Discuss the pros and cons of it.
- Hiring checklist
- Hiring policies and procedures
- Credentialing policies
- The employment arbitration clause in an employment contract
Part 2: Strategic Compliance with the LawEvaluate the scenario in Ch. 5 Gender Discrimination: Rolling Meadows Community Hospital
- What are the legal risks? What are risks specific to gender discrimination and liability?
- What management compliance tools (one) and processes (one) could be incorporated in the organization to prevent this problem? What do you recommend (1-2 actions)?
- Assume an “agreement” is reached to hire the protégé. What employee hiring tools and processes would you incorporate in the hiring process to limit liability and reduce the likelihood of a lawsuit in this case?
Group 2/Employee Evaluation
- In The Law of Health Care Administration, 9th Ed, read: Ch. 7 Liability of the Health Care Institution.
- The Tracks We Leave Ethics and Management Dilemmas in Healthcare, 3rd Ed.: Ch. 8 Nurse Shortage: Metropolitan Community Hospital
Part 1: Critical Analysis of the Law
- Evaluate and discuss the requirements of one of the following laws and how it applies in managing employees. What does a manager need to do or not do to comply with it?
-
- Fair Labor Standards Act (FLSA) overtime provisions
- Family Medical Leave Act (FMLA) leave provisions
- Americans with Disabilities Act (ADA)
- Genetic Information Non-Discrimination Act (GINA)
- Sexual Harassment
- Evaluate one of the following tools for compliance in the evaluation and indicate how it would help limit risk. Discuss the pros and cons of it.
-
- Employee evaluation checklist
- Employee evaluation policies and procedures
- Corrective action policies and checklists
- Union clauses that impact employee evaluation, promotion, and appeal rights and impact how an employee was treated.
Part 2: Strategic Compliance with the Law Evaluate the scenario in Ch. 8 Nursing Shortage: Metropolitan Community Hospital.
- What are the legal risks? What are risks specific to staff negligence and liability?
- What would management compliance tools (one) and processes (one) be incorporated in the organization to prevent this problem?
- Assume there is a nursing shortage. What employee retention tools(one) and processes(one) would you incorporate to improve nursing retention and minimize the likelihood of a negligence lawsuit?
Group 3/Termination
- In the Law of Health Care Administration, 9th Ed. read,
- Ch.. 8 Medical Staff Privileges and Peer Review
- The Tracks We Leave Ethics and Management Dilemmas in Healthcare, 3rd Ed.: Ch. 7 Workforce Reduction: Hillside County Medical Center
Part 1: Critical Analysis of the Law
- Evaluate and discuss the requirements of one of the following laws and how it applies in terminating employees. What does a manager need to do or not do to comply with it?
-
- Age Discrimination in Employment Act (ADEA) and Older Worker Benefit Protection Act (OWBPA)
- Health Care Quality Improvement Act ( HCQIA) and medical staff termination requirements
- Union contracts or provider contracts with “just cause termination” provisions vs employment at will
- Bostock vs. Clayton Supreme Court Case and Title VII rights
- Evaluate one of the following tools for compliance in hiring and indicate how it would help limit risk. Discuss the pros and cons of it.
- Employee termination checklist
- Employee termination policies and procedures
- Evaluation of whether there is an employment contract with a termination clause or whether this is an employment-at-will employee.
- OWBPA Waiver and severance in exchange for the right to sue
Part 2: Strategic Compliance with the LawEvaluate the scenario in Ch. 7 Workforce Reduction: Hillside County Medical Center.
- What are the legal risks? What are risks specific to employee termination in a reduction in force (RIF)? How will the union contract impact a RIF? How will the WARN law impact a RIF of over 100 employees?
- What management compliance tools (one) and processes (one) could be incorporated in the organization to prevent the need for a RIF?
- Assume there is a RIF that involves employees with a union contract with seniority provisions. What employee termination tools (one) and processes (one) would you incorporate to minimize the likelihood of a wrongful termination lawsuit?
Due August 2 at 11:59 PM Individually complete the memo.Your health care organization has just learned that it is out of compliance in the problem areas listed below. You have been asked to research ONE problem and prepare an interoffice research memo that is single spaced and not more than two pages. The Memo should addressed to the Risk Manager and include the following sections with a heading in bold for each section. Use APA for in-text citations and references.Use only classroom materials to complete the memo. This would include the textbooks, web links, and the Classroom law library.
- Memo Heading
- Memo To:
- Memo From:
- Date:
- Re: (Regarding – your topic)
- Brief description of the problem
- State and/or federal law and agency guidelines or regulations that govern the issue including the penalty for non-compliance
- Evaluate the organizational vicarious liability.
- Evaluate 3 risk management tools that could be used to manage the risk. Indicate why you selected the tools you did. Identify how you would use the tool to identify, correct, and/or prevent risk in the situation you selected
- Recommend a 3-step (3 action) risk management plan that includes at least one of the risk management tools you evaluated.
- Give reasons to support your plan recommendations which include how the plan will mitigate, prevent, and correct the specific risk stated in your problem.
Problems (Select One)
- There was a drug and dose mix-up in the hospital last week. A pharmacist employee put the incorrect medication in the patient cart and mixed up the dose from weekly to daily. This resulted in an overdose of the incorrect medication leading to patient death. The family has filed a wrongful death lawsuit against the pharmacist and the hospital.
- An employed physician was on staff in the emergency room last week. He failed to diagnose a kidney stone. The patient returned to the emergency room two days later when a kidney stone and abdominal infection were diagnosed. The delay in treatment left the patient with double the medical bill. The patient is suing the physician and hospital for the cost of care from the delayed diagnosis.
- The infants in the newborn well-baby nursery of your hospital all have infections. The infections have been tracked back to poor sanitation of the basinets between babies and cleaning staff playing with the babies at night after cleaning dirty equipment. 3 of the parents are suing the hospital for the illness and extended hospitalization costs for their infants.
- The Certified Nurse Assistants (CNA) in your hospital have been on mandatory overtime for a month because of the high patient load. Their supervisor told them they must work overtime, but the payroll clerk is refusing to pay out so much overtime. The CNAs are suing the hospital under the Fair Labor Standards Act (FLSA) for overtime pay.
- An employee has taken a leave under the Family Medical Leave Act (FMLA) for cancer treatment which was documented as a disability under the ADA and ADAAA. The employee did not return to work on the day scheduled and was terminated. The former worker has filed a claim of disability discrimination with the EEOC and a “mediation conference” is scheduled for next week to discuss the claim.
- A black female nurse employee has applied to be a Nurse Manager 3 times, but has not been hired for the position. Every time a white male with less experience has been hired for the position. The nurse feels that she has been discriminated against and wants to file an EEOC race and gender discrimination claim.
- The union has organized all of the cleaning staff who voted for Union #222 to represent them in bargaining with the hospital. The National Labor Relations Board (NLRB) has certified the union, but hospital management refuse to bargain with the union. The union has filed an unfair labor practice claim with the NLRB.
- Memo Heading
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