HLT 520 Week 4 Discussions 1 and 2 Essays

HLT 520 Week 4 Discussions 1 and 2 Essays

HLT 520 Week 4 Discussions 1 and 2 Essays

GCU HLT 520 Week 4 Discussion 1

Discuss your opinion of the Stark laws, what they are designed to do, the impact of the exceptions, and whether you think they are successful in preventing unethical behavior. HLT 520 Week 4 Discussions 1 and 2 Essays

GCU HLT 520 Week 4 Discussion 2

What kinds of fraudulent or abusive behavior relating to health care services can occur in hospital operations? How does the role of the compliance committee help to monitor and prevent these?

ORDER COMPREHENSIVE SOLUTION PAPERS ON HLT 520 Week 4

HLT 520 Week 4 Assignment EMTALA Recent

Scenario: You are the administrator on call for a local hospital and you receive a call at 2:00 a.m. from another local hospital regarding a patient with a broken upper arm. The ED physician’s assistant is calling to arrange an EMTALA transfer from his hospital to yours, but the orthopedic physician on call at your hospital is refusing to accept the transfer, stating that the patient doesn’t need a higher level of care. When you ask him about that, he tells you the fracture is not displaced, and can be splinted and seen in the office. The ED physician at your hospital is very nervous about the possibility of an EMTALA violation.

1) Write an analysis (1,000-1,500 words) of the situation, how it is impacted by EMTALA, and what decision you will make as the administrator, along with your rationale and thought process.

2) Prepare this assignment according to the APA guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is not required.

3) This assignment uses a grading rubric. Instructors will be using the rubric to grade the assignment; therefore, students should review the rubric prior to beginning the assignment to become familiar with the assignment criteria and expectations for successful completion of the assignment.

HLT520 Workplace Law Scenario Analysis Example Paper

Introduction

Although individuals have the right to choose what happens to their bodies, corporate policies frequently violate this right. When parents choose not to vaccinate their children, they face scrutiny, travel to certain countries is restricted until proof of vaccination is provided, and employees may face termination if they refuse vaccines mandated by their employer. These requirements are in place to protect the public from otherwise preventable communicable diseases, just as OSHA standards protect employees from hazardous workplace conditions. Each employer is free to implement whatever policies they believe will benefit their business. Certain policies may contradict individual beliefs, so it is up to a new employee to determine whether or not they are comfortable with these policies once hired. This paper will look at two workplace scenarios in which personal preferences clash with employer policies. Because the employer in each scenario chose to fire the employee, the consequences of this decision will also be discussed.
Scenario 1
            According to a study conducted by NORC (2018) at the University of Chicago, up to 41 percent of Americans did not intend to get the Flu vaccine this past season. When asked why they did not plan to receive the vaccine, the most prominent response  (36 percent) was related to concerns about the vaccine’s side effects, and 31 percent cited concerns about getting sick from the vaccine. An additional 31 percent claimed they never fall ill with the flu, so they did see a reason to get vaccinated. In scenario 1, Nurse Deb declined the vaccine although her employer stipulated that this was an annual requirement to continue employment. As a result of her defiance, the Nurse Manager terminated Nurse Deb. Out of retaliation, she decided to file a wrongful termination suit against the hospital in which she was previously employed.

Legal Implications

The Director of Nursing is ultimately responsible for all policy enforcement actions, amongst other responsibilities. In this scenario, it would be wise to consult with Nurse Deb to understand her reasoning behind not wanting the vaccine. Foregoing vaccines is often frowned upon in society, but some individuals choose to not be vaccinated as a result of a health condition. “An employee who refuses vaccination because of a reasonable belief that he or she has a medical condition that creates a real danger of serious illness or death (such as serious reaction to the vaccine) may be protected under Section 11(c) of the Occupational Safety and Health Act (OSH Act) of 1970 pertaining to whistle blower rights” (OSHA, 2009). If Nurse Deb could prove that the vaccine poses a risk to her overall health, she would potentially win her lawsuit thanks to this statute. She could also potentially win the lawsuit if she can prove vaccinations go against her religious beliefs.

According to the Centers for Disease Control and Prevention’s recommendations, The Occupational Safety and Health Administration (OSHA) created guidelines for employers to assist them in the development a plan that would minimize transmission of a virus such a the flu from spreading. Most employees in the United States work at will, meaning they can be fired for any reason, at any time, as long as the reason for firing is not illegal (such as race or gender discrimination or retaliation for filing a discrimination complaint) (Guerin, 2018). Considering Nurse Deb (presumably) read and signed an employment contract that contained the flu shot requirement, her termination would be valid based on a breach of contract. If this were true, Nurse Deb would not win her case, and other employees who share in her beliefs without meeting either of the excusable conditions would be faced with either remaining employed or following the same fate. If more employees opt to not receive the vaccine, it would potentially place everyone in the hospital – staff, physicians, and patients – at risk for contracting the potentially deadly virus. It would be in the Director’s best interest to address the flu shot requirement with all potential new hires in the future to ensure their willingness to comply with this policy prior to being hired.

Scenario 2
            OSHA requires that employers protect their employees from hazards in the workplace that can cause injury (OSHA, 2018). When workplace practice and administrative rules do not provide sufficient employee protection, employers must provide personal protective equipment (PPE) to their employees and ensure its proper use. PPE is equipment worn to minimize exposure to a variety of hazards (OSHA, 2018). Some examples of PPE include gloves, foot and eye protection, protective hearing devices (earplugs, muffs, etc.) hard hats, respirators and full body suits. In Scenario 2, Joe Gomez of Premier Hospital witnessed his manager working on a potentially hazardous HVAC system without wearing proper PPE. Without PPE, Joe’s manager was potentially exposed to highly contagious viruses. This not only placed his manager in danger, but everyone around him as well because he could have become a vector for illness throughout the hospital. Out of concern for his manager’s safety (and for the safety of everyone within the facility), Joe reported this activity to his employer’s Compliance Officer, which resulted in his unlawful termination.

The Whistleblower Policy

Section 11(c) of the OSH Act – commonly referred to as The Whistleblower Policy – protects those who are considered to be whistleblowers. A whistleblower is defined as “an employee who reports an activity that he/she considers to be illegal or dishonest to one or more of the parties specified in this Policy” (SHRM, 2016). The whistleblower is expected to notify appropriate management officials immediately so that an investigation can take place. Although Joe followed protocol, his direct supervisor terminated his employment without just cause. If Joe was a member of a workplace union, this would not have occurred as easily. Nonunion employees are typically hired “at will,” meaning they can be fired for any non-discriminatory reason. Union employees can only be terminated for “just cause,” and the misconduct must be serious enough to merit such action. Before an employee can actually be fired, he or she can go through a grievance procedure, and if necessary, arbitration (Keller, 2012). Whistleblowers cannot legally be fired for following protocol in either scenario. It would be in the best interest of Premier Hospital’s CEO to offer Joe is original position back and to reprimand Joe’s supervisor for taking retaliatory action against Joe. Appropriate disciplinary actions for his supervisor can include verbal or written warnings, probation, or even termination for violating procedure and abusing his position.

Conclusion
            Workplace law aims to protect the employee, employer, and those affected by the actions of each party by laying strict guidelines pertaining to procedures performed in the facility. Healthcare professions come with additional risks due to the higher rate of exposure to communicable illnesses. Many employers require their employees to receive certain vaccines annually, which may go against personal wishes. As long as certain parameters are met, exceptions are permitted because additional protective measures are also regularly used. One such measure is the use of PPE in hazardous conditions. Compliance officers are ultimately responsible for ensuring the proper use of protective gear. If an employee is found to be in violation of PPE policy, it is the responsibility of other employees to notify the Compliance Officer of this digression. Under no circumstances should the reporting employee worry about retaliation for bringing an issue to light. The Whistleblower Policy protects reporting employees from revenge, just as workplace law protects employees and patients in the healthcare setting from unnecessary exposure to pathogens. Both employees in the Scenarios reviewed in this paper exercised their rights as defined by workplace law, and should be able to return to their previous positions without reprimand.

References

  1. Guerin, L. (2018). Forcing Flu shots, employees and health at work. Retrieved from: https://www.lawyers.com/legal-info/labor-employment-law/human-resources-law/forcing-flu-shots-employees-and-health-at-work.html
  2. Keller, L. (2012). The pros and cons of union jobs. Retrieved from: https://www.bankrate.com/finance/personal-finance/ pros-cons-union-jobs-1.aspx
  3. NORC. (2018). 41 Percent of Americans do not intend to get a flu shot this season. Retrieved from: http://www.norc.org/NewsEventsPublications/PressReleases/ Pages/41-percent-of-americans-do-not-intend-to-get-a-flu-shot.aspx
  4. OSHA. (2009). OSHA’s position on mandatory flu shots for employees. Retrieved from: https://www.osha.gov/laws-regs/standardinterpretations/2009-11-09
  5. OSHA. (2018). Personal Protective Equipment. Retrieved from: https://www.osha.gov/Publications/osha3151.pdf
  6. SHRM. (2016). Whistleblower Policy. Retrieved from: https://www.shrm.org/resources andtools /tools-and-samples/ policies/ pages/cms_007814.aspx
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