The legal environment affects the healthcare workplace in many ways. It is the responsibility of HIM managers to understand the various federal laws affecting employment.
For this assignment:
- Read the three scenarios.
- For each scenario, determine if a federal law was violated. Which one?
- Explain the actions which violated the law, if that is the case.
Scenario #1:
You, as the HIM manager, have an opening for a coding position within your department. Several applications have been submitted for the position. You have completed the interviews and narrowed your decision between two potential candidates. Both candidates have equal education, hold their RHIT credential and have the 10 years’ experience required for the position. One candidate is 46 years old and the other candidate is 36. After much thought, you have decided to hire the 36-year-old coder. She will be able to work many more years than the other candidate before thinking of retirement.
Scenario #2:
Mary Sue is one of your best employees. She has always given 150% to any job assigned, along with being an employee within the organization for more than five years. Mary Sue’s work ethic and dedication as the Release of Information Specialist has kept this function running smoothly. Mary Sue recently approached you to take some time off to care for her ailing parent. Her father, who has terminal cancer, is not expected to live more than eight weeks and she would like to care for him in his final days. You would love to give Mary Sue eight weeks off to be with her father, however, don’t have anyone to replace her at this time. This time off would truly be a burden to the department, thus you have denied Mary Sue her request.
Scenario #3:
Your organization implemented the electronic health record (EHR) three years ago. All of the paper records have been scanned into the system, eliminating the need for storing the paper records any longer. You have decided to destroy the paper records and place an ad in the local newspaper for a temporary position. Two candidates applied and interviewed for the position. Candidate A was a delightful young lady with a bubbly personality. Although this candidate would be a positive influence on the department and a hard worker, she does have multiple sclerosis which has confined her to a wheelchair. She has limited use of her arms and is unable to stand. Candidate B, on the other hand, lacks the infectious, positive attitude of Candidate A. She is, however, able bodied. Since the job would involve reaching, standing, and climbing a ladder to retrieve the records, you have decided Candidate B would be the best employee and offer her the job.
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Compliance with Federal Labor Laws Nursing Assignment Help
Introduction:
The legal environment plays a crucial role in shaping the healthcare workplace. Healthcare Information Management (HIM) managers need to be well-versed in federal laws that affect employment. In this assignment, we will analyze three scenarios to determine if any federal laws were violated. Additionally, we will explain the actions that violated the law, if applicable.
Scenario #1:
In this scenario, the HIM manager is hiring for a coding position and has narrowed down the decision to two candidates. Both candidates meet the education, experience, and credential requirements for the position. However, the manager decides to hire the 36-year-old candidate based on the assumption that she will have more years of service before retirement.
Violation of Federal Law:
The federal law that may have been violated in this scenario is the Age Discrimination in Employment Act (ADEA) of 1967. This act prohibits discrimination against individuals who are 40 years of age or older in the workplace.
Explanation:
By choosing the 36-year-old candidate solely based on her potential to work more years before retirement, the HIM manager may have unlawfully discriminated against the 46-year-old candidate based on age. Age should not be a determining factor in the hiring process, as long as both candidates meet the required qualifications.
Scenario #2:
In this scenario, an employee named Mary Sue requests eight weeks off to care for her terminally ill father. However, the HIM manager denies her request due to the department’s inability to find a replacement.
Violation of Federal Law:
The federal law that may have been violated in this scenario is the Family and Medical Leave Act (FMLA) of 1993. This act provides eligible employees with up to 12 weeks of unpaid leave for qualifying family and medical reasons, including the care of a seriously ill family member.
Explanation:
If Mary Sue meets the eligibility criteria for FMLA, her request for leave to care for her father should be granted. The fact that the department cannot find a replacement does not justify denying her request, as it is protected under the FMLA.
Scenario #3:
In this scenario, the organization has transitioned to an electronic health record (EHR) system and plans to destroy the paper records. Two candidates have applied for a temporary position to manage the paper records. Candidate A has multiple sclerosis and uses a wheelchair, while Candidate B is fully able-bodied.
Violation of Federal Law:
The federal law that may have been violated in this scenario is the Americans with Disabilities Act (ADA) of 1990. The ADA prohibits discrimination against qualified individuals with disabilities in employment.
Explanation:
By excluding Candidate A, who has limited use of her arms and requires a wheelchair, the HIM manager may have violated the ADA. If reasonable accommodations could be made to enable Candidate A to perform the essential functions of the job, then she should not have been overlooked based solely on her disability. It is important to assess the ability of the disabled candidate to perform the job duties with or without reasonable accommodations.
Conclusion:
Understanding and complying with federal laws is crucial for HIM managers to ensure a fair and legally compliant healthcare workplace. In the scenarios discussed, violations of the Age Discrimination in Employment Act, the Family and Medical Leave Act, and the Americans with Disabilities Act were identified. HIM managers must be proactive in avoiding such violations and promoting a diverse and inclusive work environment.
