Interim Leadership Leaders- Daily Rate and Threshold rules could require overtime compensation- Helix Energy Solutions Group, Inc. v. Hewitt Decision
How will this affect highly paid interim employees in healthcare that are paid in their contract a “daily rate” under a threshold rule of entering the work premises? Interim agency agreements, contract administrators, and attorneys must consider this new risk for healthcare providers.
What is the communication and optimal resolution process?
Communication and Optimal Resolution (CANDOR) is a process where healthcare institutions and practitioners can respond promptly and thoroughly when unexpected events cause patient harm (AHRQ 2023).
Why Invest in Implementing the CANDOR Process in My Organization?
Despite the best efforts of the healthcare industry, we are still seeing approximately 1 in 10 patients harmed by the care they receive. At any stage of care, harm can occur from multiple sources, including patient falls, hospital-acquired infections, and medication errors.
Negligent hiring or retention: is your organization at risk?
Healthcare organizations can be held liable for hiring agencies to provide healthcare professionals or for contracting independent contractors who are not qualified or competent to perform their duties, have past histories that would preclude them from being hired by other organizations, or have fraudulent education or impersonation of a licensed professional. Although the hiring company may vet the potential new hire, it is the final duty of the healthcare organization to validate the information obtained from the agencies or third-party vendors to show due diligence as they would for any permanent hire.
Healthcare Organizations Liabilities- A Wide Road of Legal Pitfalls
Through the legal concepts of "Vicarious Liability" and the theory of "Respondeat Superior," healthcare organizations can be held liable for medical malpractice or negligence committed by employed physicians, agencies, or contracted RNs. The legal principle of "Respondeat Superior" imposes liability on employers for the actions of their employees if those actions occurred within the scope of their employment and were under the employer's control. Translated literally, "Respondeat Superior" means "let the master answer." It is important to note that liability in these cases may not always be attributed to the employer's wrongdoing, as it can also arise from the employer's failure to adequately train, supervise, or monitor an employee who acted negligently. The rules are based on state laws, and employers could be liable for negligent acts by employed physicians, nurses, and other employees.
The Intersection of healthcare construction and Infection Control Risk Assessments-
Completing Infection Control Risk Assessments (ICRAs) by the Infection Preventionist (IP) in healthcare construction projects is essential to minimizing the risk of infection transmission and contamination. Regulatory rules and regulations require ICRAs to be performed at the beginning phase of the project and that the IP be involved in all planning and completion phases, including debriefing. Measurements include implementing temporary barriers to separate construction areas from patient care areas, minimizing the generation and spread of dust and debris, and ensuring that all construction materials and equipment are properly cleaned and disinfected before entering patient care areas.
Does your facility have a culture of safety that supports reporting near misses, precursors, and serious safety events?
The Joint Commission advises that healthcare facilities create a culture of safety that promotes reporting near misses, precursor events, and serious safety events to promote a learning culture.
Are You at Risk for Wage and Hour Violations?
Is your compliance up-to-date with wage and hour laws? Do you realize that you may be liable for outside agency labor services? We address some of the potential risks in our ARM FOR SUCCESS Expert Corner.
Healthcare Personal Injury Complexities and Challenges
Legal professionals understand the complexities and challenges of personal injury and medical malpractice litigation and have the burden and privilege of helping those that others have harmed. Often, the cases are complex and have multiple facets that require different types of professionals to provide a detailed review of the case facts.
2005 Patient Safety Act Privilege: What is the law?
2005 Patient Safety Act Privilege:
The Patient Safety Act of 2005 establishes a legal privilege for certain patient safety information. Under the Act, patient safety work product is defined as any data, reports, records, memoranda, or analyses that identify or constitute the deliberations or analysis of patient safety events and that are assembled or developed by a provider for reporting to a patient safety organization (42 U.S.C. § 299b-21(7)(A)).