MHC6306 Week 2 Lecture, Discussion, and Project Instructions

MHC6306 WEEK 2 Lecture, Discussion and Project Instructions

1

Legal Issues Affecting Healthcare

Legal issues affecting the healthcare workplace may arise in various situations. As healthcare organizations deal with patients, every encounter involves legal and ethical issues. Knowledge of legal and ethical issues helps healthcare organizations:

Provide quality healthcare.

Avoid unwarranted lawsuits.

Avoid disciplinary actions.

The key to avoiding legal issues is to be proactive in managing employees, the environment, and patients. If an issue arises, it must be addressed immediately. The longer you wait, the worse the situation may become, and, therefore, the larger the potential impact would be on the organization.

A healthcare organization needs to maintain a controlled environment to ensure the privacy, safety, and security of its patients as well its employees. Next, let's learn about the safety and security issues faced by healthcare organizations.

You learned about the legal issues affecting healthcare organizations and, on the safety, and security issues of employees. Next you will learn about the role of HRM in dealing with these legal issues, the major laws affecting healthcare, and the legal and ethical responsibilities of a healthcare organization.

Human Resource Management's Role in Dealing with Legal Issues

When thinking about Human Resource Management's 's role in dealing with legal issues, one must consider the various components that can impact the entire healthcare organization. The HR manager must have a pulse on each department of the organization to ensure that each employee portrays the organization's core values.

Disputes and litigation are an inevitable part of every organization. Issues may arise during:

· The recruitment and hiring process

· A perceived discrimination concern

· A perceived sexual harassment complaint

· It is the HR manager's responsibility to deal with these issues.

It is very important for an HR manager to be approachable and be available to employees for any problems and concerns related to work or the work environment. This empowers the employees to be open and voice their concerns without hesitation.

You learned about the role of HRM in dealing with these legal issues, and next you will learn about the major laws affecting healthcare, and the legal and ethical responsibilities of a healthcare organization

Resource:

Caldwell, C., Truong, D. X., Linh, P. T., & Tuan, A. (2011). Strategic human resource management as ethical stewardship. Journal of Business Ethics, 98(1), 171-182.  https://su.idm.oclc.org/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=edsjsr&AN=edsjsr.41476135&site=eds-live

Major Laws Affecting Healthcare

There are many laws that affect healthcare operations and the sustainability of healthcare organizations. Let's learn about the development of these laws over the past few decades. It is important to note that violations of some regulations can only be pursued through the agency that oversees them. In these cases, a private citizen must file a complaint with the controlling agency, which will then investigate and potentially fine the offending company if the complaint is confirmed. For example, a patient who believes that his or her privacy rights were violated under the Health Insurance Portability and Accountability Act (HIPPA) would file a complaint through the United States Department of Health and Human Services (HSS) since that is the agency with HIPPA oversight.

Ethics are principles that govern the behavior of individuals or groups. Laws, on the other hand, are rules that are part of a system applicable to everyone who is part of that system. However, ethics and laws are interrelated. Ethical issues often have legal implications.

The complexity of ethical considerations and legal responsibilities has been on an increase in healthcare HRM. Healthcare HR managers play a vital role in ensuring that managers and staff use ethical standards to create treatment programs or actions that are fair, equal, and honest.

Let's understand with the help of a scenario the difference between an ethical and a legal issue faced by a healthcare HR manager.

Finally, you learned about the major laws affecting the healthcare workplace and the ethics and legal responsibilities that affect a healthcare organization. In Unit 3, you will learn about job design, job analysis, and performance management in healthcare organizations. In addition, the unit will focus on employee relations.

Week 2 Discussion

Instructions 

Before beginning work on this discussion forum, please review the link “Doing Discussion Questions Right,” the expanded grading rubric for the forum, and any specific instructions for this topic.

Before the end of the week, begin commenting on at least two of your classmates’ responses. You can ask technical questions or respond generally to the overall experience. Be objective, clear, and concise. Always use constructive language, even in criticism, to work toward the goal of positive progress. Submit your responses in the Discussion Area.

HRM and the Affordable Care Act

In 2010, the US Congress passed, and President Obama signed into law the Patient Protection and Affordable Care Act (ACA). Since its passage, the act has withstood challenges to its constitutionality, and the majority of the law remains intact. The law requires "large employers" to offer "affordable" and "adequate" insurance coverage to their "full-time employees" as defined by the act, or, under the "play-or-pay" provisions, to pay a penalty.

Tasks:

In a minimum of 200 words, post to the Discussion Area your responses to the following:

· Has the ACA affected large employers and full-time, part-time, and temporary employees more positively or negatively? Why?

· What are the potential pitfalls for organizations trying to comply with the law?

· Is it good or bad that the Internal Revenue Service and the Department of Labor play a role in the enforcement of this law? Why?

· Considering how the law affects healthcare organizations as employers and as healthcare providers, what is the best way for HRM in healthcare organizations to address the issues arising from the law?

Provide reasons and evidence in support of your responses.

To support your work, use your course and textbook readings and also use the South University Online Library. As in all assignments, cite your sources in your work and provide references for the citations in APA format.

Your initial posting should be addressed at 300-500 words. Submit your document to this Discussion Area by the due date assigned. Be sure to cite your sources using APA format.

Respond to your peers throughout the week. Justify your answers with examples, research, and reasoning. Follow up posts need to be submitted by the end of the week.

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Week 2 Project

 

Instructions

Before beginning work on this assignment, please review the expanded grading rubric for specific instructions relating to content and formatting.

In this assignment, you will learn how an HR manager addresses a staff complaint of sexual harassment.

Scenario : You are the HR manager of a healthcare organization. One of the newly appointed nurses has complained about a senior doctor. She claims that the doctor sends her obscene messages on her cell phone and also makes obscene gestures at her.

Tasks:

Write a paper addressing the following:

· How would you define sexual harassment? What is the legal definition?

· Does the complaint in the scenario fall under the definition of sexual harassment? Why or why not?

· What would be the implications of this complaint, if it is found true, for the senior doctor and the healthcare organization?

· How would you, as an HR manager, address this complaint? What does the law require of HRM in such cases?

· What steps would you take to prevent this kind of situation from recurring?

Submission Details:

· To support your work, use your course and textbook readings and also use the South University Online Library. As in all assignments, cite your sources in your work and provide references for the citations in APA format.

· Your assignment should be addressed in a 2- to 3-page document.

· Submit your document to this appropriate Submissions Area by the due date assigned.