Employment Laws

and their effect on the HIM

Department

Assignment 4.1
Michele M. Hornick
Medaille College

Author Note
This paper was prepared on 10/04/2016 for Management and Organization for Health
Professionals - HIA 440E, taught by Teresa Reinhardt.

 Learning Objectives

This presentation should enhance your
understanding of the following laws:
Americans with Disabilities Act (1990)
Civil Rights Act (1964)
Age Discrimination in Employment Act (1967)
Family and Medical Leave Act (1993)
Fair Labor Standards Act
Health Insurance Portability and Accountability
(1996)
 Summary

In healthcare there are many laws, standards and
regulations that must be adhered to while
conducting business. However, as managers it is
also imperative that we understand employment
law. This knowledge is for the protection of the
staff, as well as the protection of you.
The following presentation will provide you with an
understanding of these laws and how they directly
relate to you
Please feel free to ask questions throughout the
presentation.
 Americans with Disabilities
Act
(1990)

This law is intended to protect those with disabilities, and
ensures that those individuals are granted the same
opportunities as those without disabilities
The legal definition of a disability is a: physical or mental
impairment that substantially limits one or more major
life activities (Kelly & Greenstone, 2016, p. 96).
The law stipulates that an employer must supply a
reasonable accommodation for the disabled individual
that will not cause an undue hardship for the employer.
As an HIM manager it is essential to talk about the
potential issues that may effect the staff, and together
comprise a way to accommodate the disability.
 Civil Rights Act
(1964)

This anti discrimination law prohibits the employment
discrimination.
The factors that are addresses by this law includes:
Race and color
National Origin
Sex
Religion
The law further protects a complainant from any
retaliation from the employer
In the HIM department we must interact with patients
from all walks of life. Proving a diverse office will assist
the team in understanding the patients.
 Civil Rights Act
(1991)

This law expands upon the Civil Rights Law of 1964
All claims are investigated by the Equal
Employment Opportunity Commission
This law further defines the penalties that an
employer may face if found guilty.
We, as members of the HIM team, should recognize
the actions that may warrant a complaint. This will
also protect all of us from the potential of facing
both compensatory and punitive damages.
 Age Discrimination in Employment
Act
(1967)

The Age Discrimination in Employment Act
(ADEA)specifically towards individuals age 40
and older.
The law also pertains information regarding
retirement.
HIM managers must be cognizant of
distinguishing between poor job performance
and the age of the employee.
Family and Medical Leave Act

(1993)

This Law allow employees to take unpaid time off of
work to attend to personal and family medical issues.
Allowable reason include:
The birth of a child, or the placement of a child into the
employees home.
A serious health condition that adversely affects the
employees ability to work
A serious health condition that affects the employees
spouse, child, or parent.
HIM managers must be aware that the employees
position must be covered and left open for the
employees return.
 Fair Labor Standards Act

Also referred to as the Wage and Hour law (Kelly &
Greenstone, 2016, p. 100)
This law dictates the definition of various work related
issues. This includes:
Overtime pay
Compressed work week
Flextime
Job sharing
Although wages and hours are typically overseen by the
human resource department, and/or the financial
department, it essential for an HIM manager to be
cognizant of this law to ensure that all standards are being
met within their department.
 Health Insurance Portability and
Accountability
(1996)

This law initiated much of the healthcare
reform in the United States.
This law addresses the handling of personal
health information (PHI)
The law provides definitions pertaining to the
penalties for violations
This law is imperative towards the functions of
a healthcare establishment, but specially
relates to how work must be conduction the
HIM department.
 Consolidated Omnibus Budget
Reconciliation Act (Cobra)

Cobra stipulates that an employer must
provide the opportunity for healthcare
coverage to individuals that leave their
organization
This coverage is offered at a lesser rate then if
the individual attempt to obtain coverage on
their own
HIM manager must be aware of what is offered
to their employees, as well as how the
coverage will effect billing
 Summary

This presentation should have a better
understanding of:
Americans with Disabilities Act (1990)
Civil Rights Act (1965)
Civil Rights Act (1991)
Age Discrimination in Employment Act (1967)
Family and Medical Leave Act (1993)
Fair Labor Standards Act
Health Insurance Portability and Accountability (1996)
Consolidated Omnibus Budget Reconciliation Act (Cobra)
And how these laws affect the HIM department
 Reference

Kelly, J. R., & Greenstone, P. S. (2016).
Management for the Health Information
Professional. Chicago: AHiMA.