HA4300D – Healthcare Management and Supervision Discussion 06: Legal Considerations Identify two hard to fill health care positions. From the legal perspective, discuss challenges supervisors might face in filling each position and why they might unintentionally run afoul of regulatory hiring and labor practices requirements. Briefly state how human resources personnel can ensure their hiring and labor practices and policies for those positions would be in compliance with legal requirements. Umiker’s Management Skills for the New Health Care Supervisor-Vitalsource #magicMAN61

Introduction:

In the healthcare industry, there are often challenges in filling certain positions due to various factors such as specialized skills, high demand, and limited availability of qualified candidates. From a legal perspective, supervisors face several challenges in filling hard-to-fill healthcare positions, and it is crucial for them to navigate these challenges without unintentionally violating regulatory hiring and labor practices requirements. This discussion will identify two hard-to-fill healthcare positions, discuss the challenges supervisors may face in filling these positions, and provide recommendations for human resources personnel to ensure compliance with legal requirements.

Hard-to-Fill Healthcare Positions:

1. Nurse Practitioner:

Nurse practitioners (NPs) are advanced practice registered nurses who provide primary and specialty healthcare services to patients. With the increasing demand for healthcare services and the shortage of primary care physicians, NPs play a vital role in delivering high-quality care. However, the recruitment and retention of NPs can be challenging for healthcare organizations. One challenge supervisors may face is the limited pool of qualified candidates due to the rigorous education and training requirements for this position. Additionally, NPs often have the opportunity to work in various healthcare settings, including hospitals, clinics, and private practices, making competition for talent fierce.

2. Medical Coders:

Medical coders play a crucial role in the healthcare industry by translating medical diagnoses, procedures, and services into standardized codes for billing and reimbursement purposes. However, finding skilled and experienced medical coders can be extremely difficult. The complexity of the coding systems, such as the International Classification of Diseases (ICD) and Current Procedural Terminology (CPT), requires coders to have a deep understanding of medical terminology, anatomy, and procedures. Furthermore, changes in coding regulations and the introduction of new coding systems present ongoing challenges for supervisors in finding coders with updated knowledge and skills.

Challenges and Potential Noncompliance:

1. Challenges in Nurse Practitioner Recruitment:

Supervisors face several challenges in recruiting nurse practitioners due to legal considerations. One challenge is ensuring compliance with state-based scope of practice laws. Nurse practitioners have expanded practice authority in many states, allowing them to provide independent care without physician supervision. However, scope of practice laws vary from state to state, and supervisors must ensure they understand and comply with these regulations when recruiting and hiring nurse practitioners. Failure to do so may result in noncompliance with state licensing requirements and could expose the organization to legal and regulatory risks.

Another potential challenge relates to credentialing and privileging processes. Nurse practitioners must be credentialed and privileged to provide care within healthcare organizations. Supervisors need to work closely with human resources personnel to ensure that the credentialing and privileging process for nurse practitioners follows the organization’s policies, as well as legal and regulatory requirements. Noncompliance in this area can lead to issues related to malpractice insurance coverage, billing and reimbursement, and potential liability for the organization.

2. Challenges in Medical Coder Recruitment:

Supervisors in healthcare organizations often struggle to find qualified and experienced medical coders. Filling these roles can be challenging due to the complexity of the coding systems and the constant need for updating knowledge and skills. Inadequate recruitment practices may inadvertently result in noncompliance with legal requirements.

For instance, supervisors need to ensure that candidates possess the necessary certifications and credentials required for medical coding positions. These may include certifications from professional organizations such as the American Academy of Professional Coders (AAPC) or the American Health Information Management Association (AHIMA). Noncompliance with these requirements may result in the organization being unable to bill and receive reimbursement for services rendered, potentially leading to financial losses.

Recommendations for Human Resources:

Human resources personnel play a critical role in ensuring compliance with legal requirements in the hiring and labor practices of hard-to-fill healthcare positions. To ensure their hiring and labor practices and policies are in compliance with legal requirements, the following steps can be taken:

1. Stay updated with legal and regulatory changes:

Human resources personnel should continuously monitor and stay informed about any changes in laws and regulations related to the healthcare industry, including scope of practice guidelines, licensing requirements, and coding regulations. This can be achieved by subscribing to relevant newsletters, attending educational workshops, and regularly reviewing updates from regulatory bodies.

2. Develop clear job descriptions and qualifications:

Human resources personnel should work closely with supervisors to develop clear and accurate job descriptions for hard-to-fill positions. These descriptions should include specific qualifications and certifications required for the position. By clearly specifying the necessary qualifications, HR can ensure that only qualified candidates are considered for these roles, minimizing the risk of noncompliance.

3. Implement rigorous screening and interviewing processes:

Human resources should establish rigorous screening and interviewing processes to assess candidates’ qualifications, skills, and knowledge. This can include conducting thorough background checks, verifying professional certifications, and utilizing behavioral interviewing techniques to evaluate candidates’ competencies in key areas. By implementing these processes, HR can ensure that candidates meet the necessary requirements and have the appropriate skills for the position.

4. Provide ongoing training and education:

Human resources should collaborate with supervisors to develop ongoing training and education programs for employees in hard-to-fill positions. This includes providing opportunities for professional development, attending conferences, and participating in continuing education programs. By investing in the development of employees, the organization can ensure they stay up-to-date with the changing regulations and requirements in their respective fields.

Conclusion:

Filling hard-to-fill healthcare positions can be challenging for supervisors, particularly when considering the legal and regulatory requirements. In this discussion, nurse practitioners and medical coders were identified as two such positions. Supervisors may face challenges related to compliance with scope of practice laws, credentialing and privileging processes, certifications and qualifications, and ongoing education for these positions. By working closely with human resources personnel, supervisors can ensure their hiring and labor practices comply with legal requirements, minimizing the risk of unintended noncompliance. Through thorough recruitment processes, ongoing training and education, and staying updated with legal and regulatory changes, healthcare organizations can successfully fill these positions while adhering to legal requirements.