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Employment Law Update

COVID-19, immigrant worker, discrimination and DACA developments

By Mike O’Brien bio EEOC says no to COVID-19 antibody testing: The Equal Employment Opportunity Commission (EEOC) recently (6/17/20) updated its COVID-19 guidance to indicate that employers should not be requiring employees to submit to antibody testing. Here is the verbatim Q&A (found at EEOC Guidance): Question: (A.7.): CDC said in its Interim Guidelines that antibody test results “should not be used to make decisions about returning persons to the workplace.” In light of this CDC guidance, under the ADA may an employer require antibody testing before permitting employees to re-enter the workplace? Answer: No. An antibody test constitutes a medical examination under the ADA. In light of CDC’s Interim Guidelines that antibody test results “should not be used to make decisions about returning persons to the workplace,” an antibody… . . . read more

Employment Law Update

Supreme Court ruling extends workplace protections to LGBTQ workers

By Mike O’Brien bio SEXUAL ORIENTATION AND TRANSGENDER STATUS NOW ARE PROTECTED CLASSES NATIONALLY: Federal civil rights law protects gay, lesbian, and transgender employees, the United States Supreme Court announced June 15 in a landmark ruling. The historic decision will extend workplace anti-discrimination and anti-harassment protections to about 8 million LGBTQ workers nationwide. The ruling also vindicates a position long taken by the federal Equal Employment Opportunity Commission (EEOC). It is a defeat, however, for the Trump administration, which opposed the EEOC. President Trump instructed the Department of Justice to argue that the provision of Title VII of the Civil Rights Act that bars discrimination based on sex did not extend to claims of gender identity and sexual orientation bias. This led to the odd circumstance where two parts of the same government argued for opposite… . . . read more

Lab Safety

How we return to lab and clinic “normal”

By Dan Scungio bio The evolving COVID-19 pandemic has changed the world – the way we educate, the way we conduct business, and the way we socialize (or don’t). In the lab and clinic settings, there are many practices and procedures that have changed or are now being questioned. Sometimes the answer evolves quickly, sometimes there is national guidance to assist with a particular issue, and sometimes your own facility or organization makes the decisions for you. As we begin a return to “normal” practices, as the pandemic starts to wind down, it’s time to address some issues that arose often in recent months but that should always be considered for employee safety. Q: Should nurses or other staff come into the lab department wearing gloves? A: No, it is… . . . read more

Technology

Choosing A Partner to Automate Your Compliance Department

By Kristi Williams bio Sometimes the obvious isn’t so obvious. And sometimes it takes fresh eyes to see what has been right in front of you all along. Such is the case with automation in healthcare. Today, healthcare organizations find themselves continuously challenged to keep up with changing regulatory requirements and to ensure that their business practices adhere to external rules and internal controls. That responsibility falls directly on the shoulders of the compliance department who is tasked with identifying risks that an organization faces and implementing controls to protect the company from those risks. The need for an effective compliance program is not new. It has been understood by health plans for years. What is new however is that an increasing number of health plans are turning to automation… . . . read more

COVID Restrictions Ease

Employment law changing on the fly in response to COVID-19

By Mike O’Brien bio COVID-19 has ushered in a variety of new, and fast-evolving employment law changes, from the Families First Coronavirus Response Act (FFCRA) to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). EMPLOYEE RETENTION TAX CREDIT: The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) includes a tax credit for employers that retain employees during the COVID-19 crisis. The credit generally provides relief to employers of all sizes in the form of a refundable payroll tax credit of 50% of all “qualified wages” paid (up to $10,000 per employee) during the COVID-19 crisis if (i) operations were fully or partially suspended or subject to a shut-down order; or (ii) gross receipts declined more than 50% compared to the same quarter in the prior year. Note that for… . . . read more

COVID-19 Alternative Safe Practices

My PPE is Back-Ordered: Now What?

By Dan Scungio bio The COVID-19 pandemic is peaking in the United States, and many things are being affected in unprecedented ways. Schools are closing, business travel is banned, gatherings are canceled, and stores are out of…toilet paper. There are supply shortages that are peaking as well, and some of the items that have become hard to get include personal protective equipment (PPE). Does that mean we can work without it in the laboratory setting? Absolutely not, neither OSHA nor any other regulatory agency will put a halt to safety practices that protect workers in any setting. But what if you really can’t get the PPE supplies you need? There are some alternatives. One thing to remember is that PPE should be used wisely and efficiently, even when there is… . . . read more

Lab Safety

Coronavirus in the Histology Laboratory

By Clifford M. Chapman bio The current world health care concern over coronavirus (i.e., COVID-19) has generated many questions regarding many aspects of this fast spreading disease. It is important to address the subject of the affect, if any, of this disease on how we work in and operate histopathology laboratories. An important and timely article was published online in the Journal of Histotechnology 01 March 2020. The article “Coronavirus disinfection in histopathology” by Anthony F. Henwood (1) was referenced by Gayle Callis on the NSH Open Forum and has been granted open access. Everyone is urged to read the entire article. Herein is a review to provide the essential findings of the article. The author provides a brief history of the coronavirus outbreak and its relationship to previous outbreaks… . . . read more

Increasing Profits

Strategic planning needs to evolve over time

By Nick Hernandez bio Some of my counterparts have a firm belief that strategic planning is a rigid process which should occur once every three to five years. The process they undertake is often done during an off-site planning session with the outcome being printed up in a large three-ring binder. In less than six months, those binders are sitting on a shelf somewhere collecting dust, never to again see the light of day. I, on the other hand, believe that strategic planning should be a continuous process involving the ongoing adjustment of means and ends. We should also view planning as an evolutionary process involving continuous adjustment and improvement. We can think of strategic planning as a solution-by-evolution rather than solution-by-engineering. We should generally not view strategic planning as… . . . read more

Lab Safety

Doing What We’ve Always Done

By Dan Scungio bio Scenario: The reference cytology lab has always had limited storage space for supplies and specimens. They use tall wire racks to store the many liquid-based cytology specimen vials. The vials contain small amounts of flammable chemicals, and the shelves are seven feet high. They have followed this storage procedure for 10 years. It took Jan four years to get her clinical lab staff to a decent point of compliance with regard to PPE use. They were pretty good now about donning lab coats and gloves, and even the use of face protection while handling open specimens has improved greatly. There were, however, many staff members who refused to give up wearing mesh sneakers while at work. Given the amount of work she put in already to… . . . read more

Billing & Collections

Finding the “Backdoor” into Payer Networks

By Steve Selbst bio I am delighted to be able to share with you a key “secret to success” about payer contracting. Today’s article is about getting in the “backdoor” with payers and complementing your payer network by building your patient/customer base. In my journey navigating tens of thousands of payer contracts’ negotiations, it has become clear to me that there are times when a payer will close its network to certain provider types, based on its network need. Don’t despair; there are other “paths to Oz.” Certainly, there are ways to build value propositions and ways to escalate up the payer management chain. These are topics for another day. Today, we’ll talk about an even easier to implement alternative: complementary payers! Complementary payers What is a complementary payer? Looking… . . . read more

Employment Law Update

New overtime rule now in effect

By Mike O’Brien bio Jan. 1, 2020 was the deadline to comply with new FLSA overtime rule. At the end of September the Department of Labor issued its long-awaited final rule updating the salary level test for white-collar overtime exemptions under the Fair Labor Standards Act. Under the new rule, the minimum salary level for exemption is raised from $455 a week to $684 a week, or $35,568 annually. The change marks the first increase in the minimum salary level to take effect in more than 15 years. It is expected to bring overtime eligibility to over a million employees who are ineligible under the current threshold. Although the DOL released a final rule raising the salary level in 2016, the rule was blocked by a federal district court and… . . . read more

BILLING & COLLECTIONS

Accessions Disappearing or Not Getting Billed?

By Sean McSweeney bio Ever get that feeling that there should be more charges in the billing system? How many times have you or someone else said something like “we did 3000 samples last month, but we only see 2500 that got billed”? Are salespeople complaining that all their samples aren’t in there? How can you tell if they are just complaining, whether the referral source didn’t send as many as they think or claim (which we all know happens), or if there were more samples sent or received and instead of getting billed they are just going “poof”? Where can revenue be lost? Tons of places. Most people in the laboratory world are familiar with the concept that not all claims get paid. Everyone is used to this concept… . . . read more

BILLING & COLLECTIONS

5 ways to break down bureaucracies to get payer contracts

By Steve Selbst bio It is important to remember that payers are large companies, with protocols, policies and business practices. As with any large company, there are bureaucracies, and they are necessary to maintain the order and success of these organizations. Therefore, the first tip is to understand that to get contracted you need to identify the right department and right person to send your request to get contracted. This is usually the payer contracting department and payer contracts’ manager. Generally, you will be sending your requests to the payer contracts’ manager in your state. A common mistake is to—instead—send these requests to provider relations or to another department. This brings us to our second tip. That is, figure out the approach the payer is using to establish its fee… . . . read more

Why Cleaning Up Your Dirty Data is Critical to Clinical Interoperability and Financial Survival

By Gregg Church bio
Hospital-based and commercial labs are flooded with all types of mismatched patient data. However, disparate systems coupled with a lack of universally mandated data standards and protocols means that big data just gets bigger—and clinical interoperability challenges just get larger…

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