Have you ever had one of those weeks where your conversations all seem to be about the same type of issue, converging on one theme or course of action?  Well, I just experienced one of those weeks. Then again, it could be the way my mind works, as I continually look for links and connections. Whatever the case, I experienced a very interesting convergence of situations which I believe is was worth sharing.  The week began by talking with one of our consultants, Stan.  He is working with a client that helps companies optimize the benefits of SharePoint.  We are helping this client on several fronts, so the conversation lasted a little longer than usual. Before he signed off,  Stan told me how impressed he is with SharePoint‘s ability to improve communication, collaboration, and productivity for the enterprise.

A few days later I was talking with another consultant, Paul, regarding his progress marketing an integrated program/project management software product.  This SAAS product provides a comprehensive solution for franchisers to better manage its business development program.  The program enables management to easily determine the company’s progress toward meeting their goals and gaps at every stage in the process.

Convergence occurred when I remembered a conversation the prior week with another consultant, Faith.  She had told me about an adverse situation created when a patient received a new heart, but the system hadn’t been updated to reflect the candidate’s eligibility for a transplant.   That breakdown in the process created a question as to who’s responsible for the $1.4 million approximate costs of the procedure.  Faith explained that this glitch was an administrative error as the candidate still needed the heart and was qualified to receive the transplant, however, an updated authorization wasn’t secured.    I can only imagine how bad the situation could have been if the patient had died, prevented from receiving the transplant due to an administrative mistake.  It occurred to me that the system has a fundamental flaw that can be mitigated with a technical solution.  Faith continued by providing an overview of additional risk and complexity created by Federal Agencies and Laws regulating the Health Care Industry.

Federal Agencies and Laws regulating the Health Care Industry

• Equal Employment Opportunity Commission (EEOC) and Health Care
• Department of Labor and Health Care
• Americans with Disabilities Act and Health Care
• Homeland Security and Health Care
• Occupational Safety and Health Act (OSHA) and Health Care

The mandate of the EEOC is to facilitate good management by ensuring that employment decisions are unaffected by discrimination.  Toward this end, hiring decisions, performance reviews, pay and benefits packages, and other employer offerings should exclude consideration for race, sex, age or religious affiliation (Gómez-Mejía, Balkin, & Cardy, 2016).

The Department of Labor (DOL) mandates that employers are responsible for scheduling, recording and reporting hours worked; including pre- and post-shift duties, scheduled travel time from job site to job site, or travel time related to training or on-site client meetings. Wages and deductions for all hours worked must be monitored and reported.  Overtime must be paid for hours worked exceeding 40 hours in a 7-day workweek.

The American with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities.  The original bill was passed in 1990 and amended in 2008 with clarifying definitions.  If the applicant or employee is qualified for ADA purposes, reasonable accommodations must be made for the employee.  ADA provides guidance as to when and how applicants or employees may be asked about their medical condition or requirements for a medical examination.

Homeland Security relies on the health care community’s readiness to respond to disasters, natural or man-made.  Preparedness depends on staffing and training.

The Occupational Safety and Health Act, (OHSA) was passed in 1970 in response to the deaths of 78 coal miners working under questionable safety conditions.  Medical practitioners are exposed to a wide range of workplace hazards. Today, the health care and social assistance sectors experience more worker injuries and illnesses than any other industry.

These regulatory requirements, whatever the justification or good intentions, have injected additional complexity and risk into the Health Care Industry.  Failure to comply with these regulations may result in fines, litigation costs, lost contracts, and damage to brand equity.  Proactive expenses include continuing education to help employees stay current with relevant changes in laws and regulations.  Ignorance is no excuse for non-compliance and it can be costly.

In years past, we were left to devise elementary processes to ensure compliance with legislation and its mandates.  Today, however, we have powerful technological alternatives.  More to the point, technical solutions are readily available to help minimize risk and ensure compliance.  Share Point is one of several tools worth consideration.  The question is how to know which application to select?  This is where professionals can be of tremendous value.  Credentialed, seasoned experts are available to advise us on evaluation, selection, and the implementation of alternative platforms.  A professional fee for services is much less costly than a civil crime for a legislative error.

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Jim Weber, Managing Partner

ITB PARTNERS

Jim.Weber@itbpartners.com