Navigating the Intersection of Healthcare & Employment

Navigating the Intersection of

Healthcare & Employment

JacksonWhite Attorneys at Law Table of Contents

Introduction

© 2014 Jackson White P.C. All rights reserved. This publication is provided for informational purposes only and should not be construed as individual legal advice. Please consult a knowledgeable attorney regarding your specific legal needs.

Employment & Labor Law Compliance..................................2Americans with Disabilities Act, Title VII/Discrimination and Harassment, FLSA Compliance, Wage & Hour Compliance, Wage & Hour Counseling, FMLA Compliance, OSHA

Healthcare Regulatory Compliance..........................................6Stark Act & Anti-Kickback Laws, Health Insurance Portability and Accountability Act (HIPAA)

Healthcare Workforce Issues........................................................7EEO and Diversity Training, Employee Benefits, Patient Protection and Affordable Care Act, Employment Counseling, Employment Law Training/Risk Management, Labor Relations, Wellness Programs, Disciplinary Matters

Hiring & Firing.....................................................................................11Restrictive Covenants, Executive Compensation Agreements, Employed Physician Issues, Workforce Restructuring and Consolidation, Business Immigration, Employment Litigation, Contract Review, Negotiations, Whistleblower Litigation

Healthcare & Employment 1

In addition to the legal and regulatory framework in which most businesses operate, healthcare practices must also adhere to a myriad of laws, regulations, and guidelines specifically targeted to the healthcare industry. When employment law disputes erupt at hospitals, medical centers, skilled nursing facilities, and assisted living facilities, providers need a team of experienced healthcare attorneys – a team that is in tune with the specific regulations by which healthcare professionals must abide. While representing healthcare organizations in the area of labor and employment, JacksonWhite offers turnkey solutions to issues ranging from planning and compliance to negotiation and litigation. ■

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Equal Employment Opportunity Commission (EEOC) or reporting harassment or discrimination to Human Resources. Because of the law’s fluidity, employers striving to avoid charges of discrimination and harassment must remain current with the ever-changing decisions and regulations that interpret Title VII.

The first line of defense that companies have against claims of discrimination and unlawful harassment should be insightful and effective training. But even the best training and policies might not provide an absolute barrier against discrimination and harassment claims. Employers thus need skilled counsel at the ready in the event that such charges arise. In certain situations, charges can be resolved through mediation before the formal EEOC investigation process begins. Whether before the EEOC or the courts, charges of discrimination can create substantial distractions and liability for healthcare companies. Attorneys seasoned in the nuances of Title VII can help with resolution once a violation has been alleged, as well as with compliance issues to prevent violations in the first instance.

FLSA Compliance/Wage & Hour Compliance/Wage & Hour Counseling

The Fair Labor Standards Act (FLSA) requires employers to pay covered employees no less than the minimum wage for all hours worked, and overtime pay of one-and-one-half times the regular pay for hours worked in excess of 40 hours in a workweek. While the law seems straightforward enough, it has been the source of much litigation over the years. It should be alarming to employers that much of this litigation has been brought in class and collective actions that have the potential to create enormous financial liabilities for employers. This dramatic influx of FLSA litigation is largely due to plaintiff-friendly laws, creative lawyering, and the prospect of significant rewards for successful litigants.

Companies that violate the FLSA could be liable for back wages, attorney’s fees, liquidated (double) damages, civil penalties, and even criminal prosecution in certain circumstances. The most cost-efficient way of avoiding these serious repercussions is by ensuring wage

Employment & Labor Law Compliance

Employment & Labor Law Compliance

Americans with Disabilities Act

The Americans with Disabilities Act protects qualified individuals with a disability from discrimination by a covered employer. In navigating the statute’s requirements and accompanying regulations, employers might find a lack of clarity in the law’s coverage and mandates. This underscores the need that employers have competent legal counsel in this arena. Many of the Act’s provisions are subject to interpretation and further definition. For instance, “covered entities” include most employers with 15 or more employees, and “discrimination” includes a wide range of activities, such as adverse treatment, denying job advancement, classifying employees, and failure to investigate and offer reasonable accommodations for employees with disabilities. While the aim of the law is straightforward enough – to prevent discrimination based on disability – the law’s application is sometimes less than intuitive.

Most healthcare companies are subject to the ADA’s requirements. It is thus important for companies to be mindful of the law’s technical aspects as they make business and employment decisions. Remaining well within the confines of the Act and its amendments are particularly important given the significant influx of ADA-related litigation in recent years. Litigation can be costly and time consuming, but companies can better prevent these expenditures by focusing on compliance. Attorneys with an understanding of healthcare and employment law are best fitted to provide the counsel that can promote such compliance.

Title VII/Discrimination and Harassment

Broadly speaking, Title VII of the Civil Rights Act of 1964, as amended, prohibits employers from discriminating because of race, color, religion, sex, or national origin. More specifically, discrimination can include a variety of employment practices, such as failure to hire, unlawful harassment, and wrongful termination. Title VII also prohibits retaliation for protected activity, such as filing a charge with the U.S.

2 Healthcare & Employment Healthcare & Employment 3

and hour compliance on the front end. By devising effective business strategies, healthcare employers can pinpoint potential violations and eliminate or reduce the possibility of claims and costly litigation. The complexity of wage and hour laws, however, mixed with the fact that these laws are riddled with exceptions, fosters a regulatory environment that is less than clear and sometimes outright confusing. When coupled with overly-nuanced healthcare regulations, it becomes necessary for healthcare companies to seek legal counsel with experience in the arenas of both healthcare and employment law.

Companies faced with the threat of wage and hour litigation or government investigation are wise to respond swiftly. Skilled litigation strategies aimed at minimizing potential liability can prevent plaintiffs’ lawyers from certifying a single claim as a collective action. With the right defense, employers can better protect themselves against claims that are aimed to capitalize on statutory damages and attorney’s fees. Time is always of the essence for employers faced with wage and hour litigation, and these types of

cases should only be handled by a legal team that is well-versed not only in the FLSA, but also in the unique issues and regulations particular to the healthcare industry. FMLA Compliance

Under the Family and Medical Leave Act (FMLA), employers must provide eligible, covered employees with up to 12 weeks of unpaid leave per 12-month period for the birth or adoption of a child, the care of an immediate family member, or a personal serious health issue. Employers who do not closely monitor leave entitlements or otherwise engage in interference increase the risk of litigation from employees and administrative agencies alike. Healthcare employers need to have careful and considered policies in place that not only ensure FMLA compliance, but also offer protection against employees who might attempt to take advantage of a perceived right to take leave.

Beyond having sound leave of absence policies in place, healthcare employers should remain current on the dynamic body of law that governs FMLA compliance, and

seek training to reduce or eliminate FMLA infractions. There is a wide range of issues about which employers must be aware, including basic FMLA coverage, accounting for employee leave, and treatment of employees who request, are on, have taken, or have returned from FMLA-protected leave. Informed legal counsel can provide healthcare companies with a deep understanding of all of these issues – a level of understanding which is necessary to avoid costly litigation.

OSHA

Healthcare employers have an obligation to their employees to maintain safety in the workplace. This obligation is delineated by the regulations set forth in the Occupational Safety and Health Act (OSHA) and governed by the Occupational Safety and Health Administration. OSHA inspections are thorough and meticulous by design, and employers must be proactive and prepared in order to avoid falling short of regulatory demands. Particularly in the healthcare industry, where safety and health are always an issue, taking active measures and precautions to

maintain compliance is not only wise, but necessary. In addition, serious injuries or deaths of employees must be reported properly in 8 hours or less. Unless an employer is prepared to correctly react to and manage such serious events, liability and financially crippling citations can be the result.

To become or remain OSHA compliant, employers should first seek guidance on regulatory interpretation and application. Further, employers can seek assistance with preparation for and facilitation of OSHA inspections. Importantly, OSHA is applied differently from industry to industry, so healthcare employers must be careful to seek advisement from counsel who is well versed in how the regulations are applied in a healthcare environment. Employers also may want to consider enrolling in OSHA’s voluntary consultation program which offers some immunity from OSHA citations. With proper counsel, healthcare companies can better avoid regulatory pitfalls and provide employees with a standard of excellence in safety.

OSHA


Healthcare Regulatory Compliance

Healthcare Regulatory Compliance

Stark Act & Anti-Kickback Laws

The Stark Act limits a physician’s ability to refer to entities in which the physician or the physician’s family member has a financial interest. At the same time, the Stark Act forbids any entity to which a “self-referral” is made from billing for the services. Accordingly, a healthcare facility’s failure to comply with the Stark Act can carry significant financial repercussions. The regulatory framework surrounding the Stark Act is nuanced, and understanding these nuances is central to maintaining compliance. Because failure to comply with the Stark Act can result in non-payment and civil penalties, investing in compliance can best be viewed as insuring against loss of future earnings.

Along similar lines, the Anti-Kickback law prohibits offering or receiving any form of compensation for referring a patient for services covered by Medicare or Medicaid. Here, though, the consequences for violating the law are even more

severe than those for violating the Stark Act. Those found in violation of the Anti-Kickback law could be charged with a felony, punishable by fines and even jail time. Importantly, however, certain exemptions to the law allow healthcare professionals to engage in specific transactions and arrangements despite the payment or receipt of compensation. Understanding these exemptions can help healthcare professionals conduct ordinary business without becoming subject to the threat of costly fines and imprisonment.

Health Insurance Portability and Accountability Act (HIPAA)

The Health Insurance Portability and Accountability Act (HIPAA) has a significant impact on the ways in which healthcare providers deal with patient records and billing information. In short, HIPAA sets the standard for patient privacy and heavily regulates the healthcare industry’s use of medical information. As with other healthcare regulations, the consequences for running afoul of HIPAA’s protections can be severe. Also, as with other healthcare regulations, the most

certain way to avoid regulatory infractions is by having an in-depth understanding of the statute, and then implementing policies to ensure compliance. Legal counsel with a dual emphasis in healthcare and employment law can provide the guidance and counsel necessary to keep company policies and practices aligned with HIPAA’s demands.

Healthcare Workforce Issues

EEO and Diversity Training

Healthcare companies are wise not only to offer equal employment opportunity and diversity training, but also to provide meaningful training that is custom-tailored for the healthcare industry. By offering training that considers healthcare’s complex regulatory framework, employers can provide employees with advice that is relevant and highly applicable to this unique industry. The idea here is to provide training that actually improves compliance with state and federal laws, fosters a hospitable workplace, and ultimately saves employers from expending time and resources on defending against allegations and charges of discrimination.

Employee Benefits

Providing meaningful benefits is a central component to attracting and retaining skilled and loyal employees. Benefits, however, are expensive and employers are often beset by expensive benefit costs and complex regulatory requirements. Companies thus have to strike a balance between creating strong incentives and maintaining profitability. Companies have different goals insofar as offering benefits is concerned, and meeting these goals requires a combination of sophisticated planning and practical implementation. This is particularly true with the recent implementation of far-reaching legislation that places the onus on companies to provide affordable healthcare insurance. In addition, in the current environment, employer-sponsored programs have become prominent audit targets for the Internal Revenue Service, the US Department of Labor, the Pension Benefit Guarantee Corporation, and other federal agencies. Mistakes discovered during an audit can result in significant penalties that can literally threaten an employer’s financial well-being. In addition, employers have significant ongoing compliance obligations such as: plan


documents, summaries, tax returns, and notices to employees with respect to pension and welfare plans. Employers must monitor compliance with the Internal Revenue Code, the Employee Retirement Income Security Act of 1974 (“ERISA”), the Consolidated Omnibus Budget Reconciliation Act (“COBRA”) and other federal statutes. Having a working relationship with a legal team with a deep understanding of employee benefits and a long-standing connection to the local healthcare industry will make employers best equipped to consider the benefits, issues and problems, and find the solutions to them.

Patient Protection and Affordable Care Act

The recent advent of healthcare reform has important implications for healthcare providers. As employers, healthcare providers with more than 50 full-time equivalent employees must provide “minimum affordable coverage” to employees. Severe penalties accompany failure to comply. Careful planning is required to minimize the impact of these requirements and associated penalties. In addition to responsibility as

employers, healthcare organizations have a myriad of other compliance obligations supervised by the US Department of Health and Human Services. Experienced legal counsel is critical to helping healthcare organizations stay compliant with this statute containing more than 2,000 pages of requirements.

Employment Counseling/Employment Law Training/Risk Management

The federal and state laws that comprise healthcare’s regulatory framework have a level of complexity that is unparalleled. This is because healthcare companies must comply with all of the regulations with which most other employers are presented, plus the health, privacy, and safety regulations unique to the healthcare industry. Part of what makes strict compliance so difficult is the ever-changing laws and regulations. Hence, even just staying abreast of legal developments can be a monumental task. Employers who do nothing to inform and educate themselves about the legal environment in which they operate subject themselves to regulatory noncompliance and the threat of legal action.

There is a wide range of issues that arise at the intersection of healthcare and employment law, and companies would do well to seek counsel and training on the variety of federal and state statutes that so heavily impact the healthcare workplace. With proper counseling and training, companies can adopt solid policies, and then provide employees with the information needed to adhere to these policies once implemented. Even where specific issues have not arisen, companies have much to gain from having a trained legal eye to oversee and examine their workplace. With a proper risk assessment from counsel that is experienced in the distinct, but oftentimes overlapping areas of employment and healthcare law, companies can minimize the threat of time-consuming and costly legal conflicts.

Labor Relations

Maintaining positive labor relations is of paramount importance to employers. Such relations are critical not only to creating a hospitable and efficient workplace, but also to a company’s ability to operate profitably. Arizona is a right-to-work state, which prevents employees

from compulsory union membership. Nevertheless, healthcare employers in particular are often confronted with similitudes of organized labor, which requires them to engage in delicate and strategic decision-making. There are a variety of issues about which employers must be aware when considering labor relations. The experience of a skilled legal team can be tremendously helpful when navigating these waters. Even though labor unions are less prevalent in Arizona and the Western United States, some employers are unionized and there is increasing pressure from the federal government to encourage that kind of organization. Labor/management relations and negotiations are serious endeavors that require experienced legal counsel. Issues include compensation and benefits issues that have important tax consequences. Missteps can result in difficult litigation with union officials.

Even if an employer’s workforce is not represented by a union, all employers are prohibited by law from interfering with the right of employees generally to associate with one another to improve the circumstances of their employment.

Labor Relations


Hiring & Firing

Even the most innocent missteps by an employer can result in very expensive penalties. To make matters worse, the current disposition of the National Labor Relations Board is that investigations provide employers extremely limited timeframes to respond to alleged violations of the National Labor Relations Act. This makes advancing an adequate defense challenging to say the least. The right legal team can effectively promote labor and employee relations, help an employer improve productivity and profitability, and avoid or minimize government penalties.

Wellness Programs

Whether employers like it or not, the American healthcare system is one in which health insurance is largely provided by employers. The premiums charged are proportionately tied to the number of claims submitted by employees in a given year. Companies thus have great incentive to maintain and even improve the health and wellbeing of their employees. Most commonly, companies incentivize good health by implementing a wellness program. Such programs, however, are frequently accused of violating a

variety of laws, such as ADEA, HIPPA, ADA and the Patient Protection and Affordable Care Act. Accordingly, companies that attempt to implement a wellness program without first seeking legal advice may unwittingly target themselves for litigation. To implement a useful program that does not run afoul of federal or state law, companies should seek the counsel and direction of a seasoned employment law attorney.

Disciplinary Matters

Companies must have certain expectations of their employees to ensure everything from workplace safety to overall profitability. When these expectations are not met, employers must deal with matters of discipline carefully and tactfully. To do otherwise could generate claims ranging from discrimination to retaliation. The proper groundwork for disciplinary matters must be clearly delineated in a well-drafted company policy, to which companies must strictly adhere throughout disciplinary matters. Further, companies must treat all employees fairly and evenly by maintaining continuity with past disciplinary practices. The risk here

is that companies can unwittingly entangle themselves with claims by embittered employees by applying disciplinary policies disparately. Applying disciplinary policies fairly and evenly, coupled with seeking informed legal counsel before taking disciplinary action, can keep employers from crossing lines and ultimately help companies steer clear of employee claims.

Hiring & Firing

Restrictive Covenants

Healthcare companies have a strong interest in protecting their ability to operate profitably. Creating and enforcing effective restrictive covenants helps in this endeavor. There is a highly technical body of law surrounding restrictive covenants, which can render restrictive covenants altogether unenforceable if not drafted properly. Healthcare companies with a legitimate desire to protect their business interests should thus turn to a legal team that deeply understands this body of law. Of course, even a well drafted restrictive covenant is of little utility if a former employee fails to honor it – and in these types of

situations, the right legal team can turn to enforcement of the restrictive covenant to keep a former employee in line and in compliance with the covenants he or she has made while an employee.

Executive Compensation Agreements

To remain competitive in the healthcare industry, companies want to attract and hire only the finest of executives. Executive compensation and employment agreements that clearly delineate the relationship between the company and the executive and expectations are necessary not only to recruit strong candidates, but to protect the company’s interests. A well drafted agreement outlines the company’s and executive’s obligations alike, and provides a clear understanding of issues and obligations such as compensation, benefits, restrictive covenants, and restrictions. Executive agreements are contractual in nature, and they are often steeped with complexity to account for nuanced compensation and tax issues associated with rates of base compensation, deferred compensation programs, and


severance pay arrangements. Failure to properly manage these issues can result in expensive taxes and penalties. Given the significant responsibility that executives have to carry a company’s goals into the future, it makes practical and financial sense for companies to retain legal counsel from the outset to promote their wellbeing, protect their interests, and assist with complex regulatory compliance. Employed Physician Issues

Unique to the healthcare industry is the fact that healthcare employers, by definition, rely on one of the most heavily regulated professions for delivery of services. And given that physicians must adhere to a particular set of regulations, healthcare employers must understand these regulations insofar as they affect their hiring and business decisions. Physician employment agreements should consider and include terms that specifically address the issues that are unique to physicians. In so doing, such agreements can afford companies and physicians alike with a clear delineation of expectations and obligations.

Regulatory compliance is also critical for healthcare companies that employ physicians. Companies need a fundamental understanding of issues such as insurance, self-referral restrictions, Anti-Kickback laws, restrictive covenants, and compensation, to name a few. Here again, an employment attorney with a concrete understanding of healthcare complexities is best equipped to offer the best counsel on these types of issues.

Workforce Restructuring and Consolidation

A highly fluid economic topography can require a company to significantly change its business model from time-to-time in order to keep its competitive edge. In certain circumstances, these changes can include restructuring the company’s workforce. Companies faced with the need to consolidate their workforce have much to consider, both in an economic sense and in a humanistic sense. Moreover, in order to protect the company from legal challenges for its business and labor decisions, these tough decisions must always be informed and shaped by the body of laws and regulations designed

to protect employees. Healthcare companies facing these difficult choices and circumstances need advice on a vast array of issues, ranging from appropriate notification deadlines, severance agreements, and claim prevention strategies. A team of attorneys with a deep understanding of employment and healthcare law is best equipped to offer this advice.

Business Immigration

Immigration laws can heavily impact a company’s business decisions, particularly in a border state like Arizona. Healthcare employers looking to staff their workforce with talented professionals and laborers are frequently confronted with immigration issues that simply cannot be addressed without swift navigation of federal immigration law. Given the governmental caps on the number of visas issued to foreign workers each year, those companies with legal representation are much more likely to secure visas. As to those who do not have visas, certain individuals who have been in this country since they were children can apply for deferred action and enjoy the right to lawfully work

while they are awaiting lawful status. Here, too, those with legal counsel are better equipped to navigate the complex web of immigration laws and secure their lawful position in the workforce. Healthcare employers should have counsel at hand that can address the wide range of immigration issues with which so many companies are confronted.

Employment Litigation

In the legal realm, a primary goal of healthcare companies should be to avoid litigation whenever possible. To this end, turning to a team of skilled healthcare employment attorneys for training and counsel is hugely advantageous. There are instances, however, in which companies have no choice but to turn to the litigation process for resolution. Now more than ever, employees are bringing lawsuits against employers – and with the ever increasing threat of class and collective actions, the stakes are by no means insignificant.

Healthcare companies often require a team of litigators to handle issues such as contract disputes, tort claims, and wrongful discharge claims. A litigation team is also critically

Employment Litigation


important to healthcare companies requiring representation before the Equal Employment Opportunity Commission, National Labor Review Board, or Department of Labor. Perhaps most important to healthcare companies is recruiting counsel that is qualified to handle the complex employment litigation matters that can arise from the web of statutes, including ERISA, FLSA, FMLA and Title VII, that so heavily impact healthcare employment operations.

It is no secret that litigation costs can quickly grow to monumental proportions. Healthcare companies can minimize costs, however, by recruiting legal counsel with a wealth of experience in complex employment litigation and an unparalleled understanding of all relevant jurisdictional and procedural hurdles. The right legal team can lead to a swift and successful resolution of litigation, regardless of the issue or jurisdiction in which the lawsuit is filed.

Contract Review

A healthcare company’s effectiveness and productivity is undoubtedly shaped and influenced by the

contracts into which it enters. From employment and physician agreements to purchase orders and property leases, contracts are binding, and the terms thereof can have serious repercussions on a company’s ability to operate profitably. Particularly in the healthcare arena, a company must review and negotiate the terms of every contract into which it enters, as failure to give due consideration to key terms can have lasting and damaging consequences. In today’s business environment, it is safe to assume that all contracting parties turn to an attorney to shape the contract in the light most favorable to them. A company that enters into a contract without such counsel is willingly handicapping itself from the very outset. A healthcare attorney can quickly and efficiently spot the relevant issues in an employment or financial contract and provide counsel that will ensure great and lasting benefits. Negotiations (i.e. - executive staff agreements; physician agreements; collective bargaining agreements)

Negotiation is more art than science; it requires a deep understanding

14 Healthcare & Employment

of the issues at hand and a delicate handling of the personalities involved. Employers are routinely met with the opportunity to negotiate, and failure to effectively do so can damage the company’s financial health and create a rift between the company and the workforce upon which it relies. Employment contracts – whether executive staff agreements or physician agreements – create the obligations to which the company and the employee alike must adhere, so companies need a skilled negotiator to find the middle ground on which it can thrive and prosper. A skilled negotiator is also necessary in the context of collective bargaining, particularly given the certainty that legal counsel will inform and handle the negotiations on behalf of the labor force. Healthcare companies with a clear vision ultimately require the assistance of a negotiator who can forge a pathway to that vision by tailoring a strategy that is best fit for the personalities, circumstances, and incentives at hand.

Whistleblower Litigation

Our legal climate is one in which whistleblowing has become increasingly commonplace. The

Healthcare & Employment 15

current regulatory framework provides many means by which employees can complain about a range of employment decisions and then protects those employees by prohibiting retaliation for bringing such complaints. It cannot go unsaid that protections must be in place for employees, but creative lawyering has allowed many employees to misuse these protections to seek financial gain at employers’ expense.

The best defense against these types of claims is a proactive practice of implementing and adhering to sound policies that keep companies squarely within the parameters of what is permitted under employment and healthcare regulations. Further, given the fluidity of the law, companies must be sure to regularly review and update their policies to promote continued compliance. In the event that a company finds it necessary to litigate a claim, it will want a defense team that understands both sides of the argument, and that is familiar with all of the relevant federal and state laws upon which employees may assert claims. ■

Contract Review


Americans with Disabilities Act (ADA):

Created in 1990 and prevents citizens from being discriminated against due to a disability. The Act applies to private businesses, government positions, and labor unions.

Consolidated Omnibus Budget Reconciliation Act (COBRA):

Deals with various subjects such as disability insurance, the postal service, private pension plans, and emergency room treatment. It is known for its establishment of Title X which denies tax deductions based on contributions to a group health plan. Lastly, it provides the opportunity for some employees to continue their health insurance coverage after leaving employment.

Employee Retirement Income Security Act of 1974 (ERISA):

Enforces extensive rules on the Federal Tax Income that deal with employee benefit plans and establishes minimum standards for pension plans.

Fair Labor Standards Act (FLSA):

Established a 44-hour 7-day workweek and minimum wage. In addition, FLSA put an end to extensive child labor and created “time-and-a-half” for overtime served by employees.

Family and Medical Leave Act (FMLA):

Created in 1993 and allows for an individual to take an unpaid leave of 12 weeks for every 12 month period due to serious medical conditions or to care for an immediate family member with a serious health condition or birth or adoption of child.

Health Insurance Portability and Accountability Act (HIPAA):

Enacted in 1996 and provides health care coverage protection for families if workers change or lose their job. HIPPA also has the ability to protect health care information for minors between the ages of 12 and 18.

National Labor Relations Act:

Established in 1935 and allows foremployees in the private sector to organize into trade unions, receive better terms and conditions at work through bargaining, and allows for collective action such as a strike.

National Labor Relations Board (NLRB):

An independent agency that conducts labor union elections and regulates labor practices through various investigations.

Occupational Safety and Health Act (OSHA):

Prevents employees from being exposed to dangerous chemicals, excessive noise levels, unsanitary conditions, and other hazardous situations.

Occupational Safety and Health Administration:

Created by the US Department of Labor and intended to decrease dangerous workplace hazards by creating guidelines and providing educational support to different establishments.

Patient Protection and Affordable Care Act:

Known as “Obamacare,” the law is intended to increase the quality of health insurance, lower the uninsured rate in the United States, and reduce the cost of healthcare for both the citizen and government.

Stark Act:

Prevents physician referrals forMedicare or Medicaid if the physician has a financial relationship with the patient.

Title VII of the Civil Rights Act of 1964:

Civil rights legislation that makes discrimination based on race, gender, religion, or nationality illegal.

US Equal Employment Opportunity Commission (EEOC):

Department that protects individuals from discrimination in the workplace. The EEOC maintains the idea of equal opportunity and prevents discrimination based on race, gender, religion, origin, age, or disability.

Glossary of Terms Glossary of Terms

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Navigating the Intersection of Healthcare & Employment

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