HR compliance is a serious subject for many organizations, but in the healthcare industry, compliance failures can lead to workplace injuries, patient harm, and legal consequences. A greater volume of surgeries is now moving to outpatient departments and ambulatory surgery centers (ASCs), creating a trend of growth that can sometimes lead to logjams in staffing, a lack of support, changing policies, and upended organizational structure.
With every HR task that gets missed, liability exposure increases. General HR firms know how to handle standard rules and regulations, but they may fail to grasp the nuances of healthcare compliance, opening the door to risk. Here are some key areas where having an HR partner that specializes in the healthcare industry would benefit outpatient departments and ASCs experiencing growing pains.
Policies, Agreements, and Licensure
With more employees comes more ongoing verification of licensure, documentation, labor law compliance, and employee agreements. Outpatient and ASC HR departments need to be fully organized and supported to ensure compliance in the following areas:
- Employee Credentialing and License Verification
Clinical staff must maintain valid, current licenses and certifications. This requires vigilant tracking and management, which means scheduling timely re-verifications and organizing documentation to be ready for audits or accreditation surveys.
- Wage and Hour Rules for Clinical Staff
Managing compensation for clinical staff is complex, involving thoughtful navigation of scheduling, overtime rules, and employee classifications. Leadership needs to ensure compliance with labor laws around meal and rest breaks, particularly in strict regulatory states, and avoid common pitfalls like misclassifying per diem and part-time staff, which can lead to costly legal issues.
- I-9 and Immigration Compliance for International Medical Staff
Healthcare employers often work with foreign-trained professionals, making it vital to manage immigration and visa requirements accurately. Proper completion and storage of I-9 forms is federally mandated, and any errors can lead to fines.
- Compliance with Anti-Kickback and Stark Laws in Employment Agreements
Structuring employment agreements in healthcare requires legal and regulatory insight to avoid violating any Anti-Kickback or Stark Laws. HR must work closely with legal teams to structure compensation, bonuses, and hiring practices that comply with these regulations and identify red flags before they become liabilities.
When these areas are not addressed frequently and appropriately, they can cause complex issues that hinder operations; moreover, legal bills and fines may begin to pile up. These problems hamper growth and impair your organization’s ability to provide excellent patient care.
Privacy Training, Safety, and ADA Compliance
Keeping employees safe and accommodated in accordance with the law sounds simple, but it requires regular training to maintain standards and reduce risks. Additionally, breaking privacy laws involving patient data can result in costly fines or even jail time, so employees must be well-versed in HIPAA guidelines and protecting patient confidentiality. Here’s what healthcare HR departments must be ready to do on a consistent basis:
- HIPAA Training and Workforce Privacy Compliance
Healthcare organizations must go beyond general data privacy and ensure their workforce is regularly trained on HIPAA-specific regulations. This involves keeping thorough documentation of HIPAA acknowledgments, tracking updates to policies, and guaranteeing that every new hire receives privacy training from day one.
- OSHA Compliance and Workplace Safety in Clinical Settings
Clinical environments have unique safety risks that require targeted OSHA compliance measures. This includes training on bloodborne pathogens, proper handling of sharps, and infection control practices, as well as maintaining documentation for potential OSHA inspections.
- Harassment, Discrimination, and ADA Compliance in a Clinical Context
Clinical settings present unique challenges for managing workplace harassment, discrimination, and ADA compliance. This includes accommodating staff with physical limitations and responding appropriately to complaints that may involve patients or external vendors.
Maintaining these standards is not easy for any healthcare HR department, but it may be especially challenging for one that is scaling and frequently onboarding new or temporary employees. Healthcare-specific HR consultation and support in these areas can provide relief and ensure compliance even in the wake of transition.
Get Specialized Support to Ensure HR Compliance
General HR firms may miss the details when it comes to maintaining appropriate compliance in the healthcare industry. MedHQ is a healthcare-specific HR partner with a wealth of experience and knowledge that can help you structure your agreements, manage policies, conduct training and safety measures, and ensure total compliance. Don’t expose your organization to liability and costly legal action by overlooking important rules or picking the wrong partner.
Get in touch with us today to learn more about how we can help you navigate the complexities of compliance in the healthcare industry.
