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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