The Health Care Manager's Legal Guide / Edition 1

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Overview

The Health Care Manager's Legal Guide provides healthcare management students and professionals with a one-of-a-kind resource on successfully negotiating the legal pitfalls across healthcare’s complex institutional and commercial landscape.

Healthcare managers today must tread carefully as never before to avoid legal issues. Grounded in the expert guidance of healthcare managers, health administration educators, and attorneys, The Health Care Manager's Legal Guide covers the numerous legal obstacles managers confront on a daily basis, from human resources and employee and patient privacy to disciplinary action and union organizing.

The Health Care Manager's Legal Guide provides practical information on avoiding these and other common legal hazards encountered when managing a healthcare workforce. Using straightforward language, this book serves as an essential resource for aspiring and working healthcare managers.

The Health Care Manager's Legal Guide features

• Practical legal guidance presented in easy-to-understand terms
• A minimum of “legalese”
• A review of the most important laws directly affecting healthcare managers
• Study and discussion questions in every chapter

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Product Details

  • ISBN-13: 9780763766207
  • Publisher: Jones & Bartlett Learning
  • Publication date: 9/30/2010
  • Edition description: 1
  • Edition number: 1
  • Pages: 248
  • Product dimensions: 5.90 (w) x 8.90 (h) x 0.70 (d)

Table of Contents

Acknowledgments

Preface

About the Editor

Contributors

Chapter 1 Wage and Hour Laws: Every Manager's Concern 1

Chapter Objectives 1

The Beginning: The Fair Labor Standards Act 1

Employee Classifications 3

Equal Pay 6

Overtime Compensation 7

Revised Overtime Eligibility Rules 9

How Well Do You Know the Wage and Hour Laws? 11

The Manager's Timekeeping Responsibilities 13

Conscientious Control of Overtime Required 14

A Manager's Advantage 18

Questions for Review and Discussion 18

Chapter 2 The Health Insurance Portability and Accountability Act (HIPAA): Not All About Health Insurance 19

Chapter Objectives 19

Introduction 19

History and Rationale 20

The 11 Rules of HIPAA 21

A Manager's Guide to the HIPAA Rules 22

What Organizations Need to Do for All Six Implemented Parts 29

Keeping Up with HIPAA 34

Questions for Review and Discussion 34

References 34

Chapter 3 The Family and Medical Leave Act (FMLA): Making Managing More Humane But More Difficult 35

Chapter Objectives 35

Introduction 36

Background 36

History of Legislation 36

Types of Leave and Eligibility Criteria 39

Managerial Implications 43

Financial Implications of the FMLA 45

Employee Morale and Use of the FMLA 46

Fraud and Abuse of the FMLA 47

Establishing Uniform Policies 48

Summary of Managerial Implications 48

Conclusion 48

Questions for Review and Discussion 49

References 49

Chapter 4 The Americans with Disabilities Act (ADA): How "Reasonable" Is Reasonable Accommodation? 51

Chapter Objectives 51

Introduction 52

History and Evolution 52

Defining and Identifying Disability 53

Essential Functions of the Job 57

Reasonable Accommodation 59

Undue Hardship or Undue Burden 62

Readily Achievable 64

Direct Threat 64

ADA and Mental Impairments 66

Avoiding ADA Allegations 67

Conclusion 68

Questions for Review and Discussion 68

References 69

Chapter 5 The Civil Rights Act of 1964: Changing the Face of Employment 71

Chapter Objectives 71

Introduction 71

History 72

Background for the 1964 Civil Rights Act 75

The Bill in Action 77

Title VII 79

Strengthening the 1964 Legislation 81

Augmenting the 1964 Legislation 81

Enforcement 88

Conclusion 88

Questions for Review and Discussion 88

Bibliography 89

Chapter 6 Interviewing and Reference Checking 91

Chapter Objectives 91

Introduction 91

Know Yourself 92

Know the Law 94

Interview Styles 98

Tips for Successful Interviewing 100

Trust But Verify 101

Conclusion 103

Questions for Review and Discussion 103

References 104

Chapter 7 Sexual Harassment: The Most Prevalent Form of Sex Discrimination 105

Chapter Objectives 105

Introduction 105

Evolution of the Law 106

Sexual Harassment: Basic Principles 107

Under What Circumstances Can an Employer Be Held Liable for Sexual Harassment? 110

Claims by the Alleged Harasser 115

Claims by Those Who Assist or Support the Rights of the Victim 115

Guidelines for Preventive Action 116

Investigating Complaints 119

Questions for Review and Discussion 125

References 125

Chapter 8 Discipline and Discharge: "You're Fired!" Is Not That Easy 127

Chapter Objectives 127

Introduction 127

Progressive Discipline 128

Outcomes of Disciplinary Incidents 136

Challenges Inherent in Disciplining Employees 138

Documentation: The Critical Defense 140

Conclusion 141

Questions for Review and Discussion 141

References 142

Chapter 9 Statutory Benefits: How They Involve the Manager 143

Chapter Objectives 143

Legally Mandated Benefits 143

Workers' Compensation 144

Unemployment Insurance 147

Social Security 149

Short-Term Disability 150

Conclusion 151

Questions for Review and Discussion 151

References 151

Chapter 10 Lawsuit: So You Have to Go to Court 153

Chapter Objectives 153

Background 153

Common Types of Legal Documents 154

Tips for Depositions and Trials 157

Discovery Process 157

Expert Witnesses 160

Witness Preparation 160

Conclusion 161

Questions for Review and Discussion 162

References 162

Chapter 11 Ethics and the Manager: Everyday Hazards 163

Chapter Objectives 163

Introduction 163

History 164

Definitions of Ethics, Morality, and Trust 167

Nature Versus Nurture 169

Everyday Hazards: Caught Between 172

Addressing and Ensuring an Ethical Culture 176

Conclusion 178

Questions for Review and Discussion 179

References 179

Chapter 12 Informed Consent and Patient Rights: Patient Self-Determination 181

Chapter Objectives 181

Informed Consent 181

Patients' Rights and Responsibilities 186

Questions for Review and Discussion 191

References 191

Chapter 13 Legal Aspects of Nursing: Protecting Your Patients and Your License 193

Chapter Objectives 193

Introduction 193

The Sources of Nursing Law 194

The Anatomy of a Lawsuit 196

Causes of Action 198

What to Do to Avoid a Lawsuit 202

Questions for Review and Discussion 203

References 204

Chapter 14 Labor Laws: Encounters with Unions 205

Chapter Objectives 205

Introduction 206

An Overview of Union Law 206

The Union Election Process 210

Collective Bargaining 212

Why Do Employees Unionize? 213

Management Practices Intended to Avoid Unionization 213

When Union Activity Is Present 216

The Realities of Managing in a Union Environment 218

Managing Recalcitrant Workers in the Union Environment 219

Conclusion 220

Questions for Review and Discussion 221

References 221

Chapter 15 Legal Aspects of Employment Documentation: Beyond Medical Records 223

Chapter Objectives 223

Introduction 223

The Importance of Employment Documentation 224

Legal Implications of Employment Documentation 226

The Employment Documentation System 230

Paper Volume 233

The Manager and Employment Documentation 233

Good Business 237

Questions for Review and Discussion 237

Index 239

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