Personnel Flashcards
Name four common personnel policies and practices.
- orientation
- job description
- competency evaluations
- performance evaluations
What are the major functions of a new personnel orientation?
Introduction to work environment and human resources policies.
Explanation of facilities safety procedures.
Additional employee resources (such as contact names and numbers)
<p>What should be included in a job description?</p>
<p>a. list of general tasks, functions, responsibilities
b. to whom the position reports
c. specific qualifications for the job
d. salary range
e. may include when you work, rotate weekends</p>
<p>What items are included when performing a job analysis in order to create a job description?</p>
<p>A job analysis include the examination of tasks and sequences of tasks necessary to perform the job, as well as, areas of knowledge and skills needed for the job.</p>
<p>What is the process of competency evaluations?</p>
<p>Documents in some form of measurable terms the technical skills of the employee. This should be done on an annual basis.</p>
<p>How often should a personnel's competency be evaluated?</p>
<p>on an annual basis</p>
<p>Who is able to conduct a personnel's annual competency?</p>
<p>supervisor, key operator, technical specialist, educational specialist, or lab quality</p>
<p>What is the difference between a competency and a performance evaluation?</p>
<p>The performance evaluation may include the technical competency component, but may also include, in measurable terms, knowledge, attitudes, professionalism and beliefs.</p>
<p>Who is usually in charge of performance evaluations?</p>
<p>immediate supervisor</p>
<p>How often should a personnel's performance be evaluated?</p>
<p>on an annual basis</p>
<p>Briefly describe a 360 performance evaluation.</p>
<p>Peer evaluation come from members of the employee's immediate work circle, as well as a self-evaluation.</p>
<p>Describe the Stark Law.</p>
<p>The Stark law prohibits a physician from making referrals for the furnishing of lab testing to a lab with which the physician or a family member has a financial relationship.</p>
<p>True or False: The Stark Law allows for physicians to refer lab testing to a lab in which the physician has a financial relationship.</p>
<p>False</p>
<p>True or False: A 'group practice' may allow a group of physicians to qualify for certain exceptions to the Stark Law.</p>
<p>True</p>
<p>True or False: The Stark Law applies to Medicare and medicaid patiently only.</p>
<p>True</p>
<p>True or False: The Stark Law allows labs to supply items to be used solely to collect or process specimens.</p>
<p>True</p>
<p>True or False: The Stark Law does NOT allow laboratories to supply equipment to physicians solely to communicate test results.</p>
<p>False</p>
Who does the Anti-Kickback Statute penalize?
The anti-kickback statute penalizes anyone who knowingly solicits, receives, offers, or pays remuneration in cash or in kind support for referring patients for lab testing.
<p>Describe an inducement.</p>
<p>An inducement maybe anything of value not paid for at a fair market value.</p>
<p>Does the Anti-kickback statute apply to Medicare and Medicaid services?</p>
<p>Yes</p>
<p>Is this an example of an Anti-kickback statute violation?A phlebotomist performing other duties besides phlebotomy such as taking vital signs or other nursing functions.</p>
<p>Yes</p>
<p>Is this an example of an Anti-kickback statute violation?A laboratory providing free pick-up and disposal of biohazardous waste unrelated to specimen collection.</p>
<p>Yes</p>
<p>Is this an example of an Anti-kickback statute violation?A laboratory providing free pick-up and disposal of biohazardous waste related to specimen collection.</p>
<p>No.</p>
<p>Is this an example of an Anti-kickback statute violation?Provision of computers used exclusively for the performance of laboratory work.</p>
<p>No.</p>
Is this an example of an Anti-kickback statute violation?Provision of computers and fax machines, unless used exclusively for the performance of outside laboratory work.
Yes
Is this an example of an Anti-kickback statute violation?Providing free laboratory testing for physicians, their employees or family members.
Yes.
What is HIPAA?
Health Insurance Portability and Accountability Act of 1996.
When was HIPAA passed?
August 21, 1996
What is another name for the 1996 HIPAA?
"Privacy Rule" or Standards for Privacy of Individually Identifiable Health Information.
What did the Standards for Privacy of Individually Identifiable Health Information establish?
for the first time, there is a set of national standards for teh protection of certain health information.
What is included in protected health information?
1. the individual's past, present, or future physical or mental health or condition.2. the provision of health care to the individual.3. the past, present, or future payment for the provision of health care to the individual, and that identifies the individual.
What common identifiers are included as identifiable health information?
name, address, birth date, social security number
What covered entities are subject to the Privacy Rule?
Health care clearinghousehealth plan companieshealth care providers
Under what circumstances is a laboratory considered a health care provider and subject to the Privacy Rule?
A lab is considered a covered entity if it conducts one or more covered transactions electronically, such as submitting health care claims or equivalent information to a health plan, requesting prior authorization, or sending eligibility inquiry to a heath plan to confirm the individual's coverage under that plan.
How many days after a patient requests access their health information does the provider have to comply?
30 days
What is required by a provider if they cannot give a patient access to their health information within the 30 day timeframe?
A covered laboratory may request one 30-day extension, if it provides the reason for the delay in writing to the requesting individual.
How many extensions does the HIPAA Privacy Rule allow for an access request?
one
True or False: An individual has the right to access his or her protected health information from both the referring laboratory and the laboratory that performed the test in the instance that a lab refers the specimen to another laboratory.
True
True or False: When an individual requests protected health information, a laboratory is required to interpret the test results for the patient.
False
What does Title VII of the Civil Rights Act of 1964 forbid?
Title VII of the Civil Rights Act of 1964 forbids descrimination against any worker or job applicant on the basis of citizenship status, disability, race, color, religion, sex, national origin, age, marital status, or veteran status.
Under Federal law, an employer is subject to Title VII of the Clivil Rights Act of 1964 if what criteria is met?
1. The employer has 15 or more employees on the payroll on each working day of at least 20 weeks int he current or proceeding calendar year.
What enforcement agency is responsible for Title VII of the Civil Rights Act of 1964?
The EEOC, Equal Employment Opportunity Commission
What is the EEOC?
Equal Opportunity Employment Commission
True or False: According to the Title VII of the Civil Rights Act of 1964, it is lawful for an employee to pay different wages or provide different privileges of employement if the decisions are based on bona-fide merit, seniority, or another type of system designed to measurage quantity or quality of work.
True
True or False: According to Title VII of the Civil Rights Act of 1964, it is lawful for an emplyee to take religion, sex, or national origin into account in making employment decisions in which these factors are legitimate qualifications.
True
True or False: According to Title VII of the Civil Rights Act of 1964, it is lawful for an emplyee to take religion, race, sex, or national origin into account in making employment decisions in which these factors are legitimate qualifications.
False; This exemption does not extend to race.
True or False: According to Title VII of the Civil Rights Act of 1964, it is unlawful for an employer to base an employment decision on the results of professionally validated ability tests that are not designed, intended, or used to discriminate.
False; an employment decision can be made using the results of a professionally validated ability test that is not designed or intended to discriminate.
True or False: The Equal Employement Opportunity Commission (EEOC) requires that EEOC official notice of Title VII of the Civil Rights Act of 1964 be posted in the workplace.
True
The Equal Employement Opportunity Commission (EEOC) requires that EEOC official notice of what Act must be posted in the workplace?
Title VII of the Civil Rights Act of 1964
The Pregnancy Discrimination Act Ammendment is part of what Act?
Title VII of the Civil Rights Act of 1964
Describe the three main components of the Pregnancy Discrimination Act.
This act is designed for women affected by pregnancy or related conditions:1. they must be treated the same as other causes under health insurance, fringe benefits, leave of absence, and return-to-work rights.2. employer cannot refuse to hire, discharge, or promote a woman because she is pregnant, might become pregnant or has had an abortion.3. employer cannot require a pregnant worker to leave at an arbitrarily determined point in pregnancy.
What act provides that everyone in the US has the same right "to make and enforce contracts, to sue, be parties, give evidence, and full and equal benefit of all laws and proceedings"?
Section 1981 or the Reconstruction-Era Civil Rights Act of 1866, amended by the Civil Rights Act of 1991
What law has been construed by the courts to protect the contract relationship inherent in the employement of a worker and to cover bias against all ethnic minorities?
Section 1981 or the Reconstruction-Era Civil Rights Act of 1866, amended by the Civil Rights Act of 1991
Is there a posting requirment under the Section 1981 law?
no
ADEA
Age Discrimination in Employment Act (ADEA)
Describe the Age Discrimination in Employment Act (ADEA).
The Age Discrimination in Employment Act (ADEA) prohibits employers from discrimination against workers or applicants who are 40 years of age or older.
What law and executive order broadly prohibits against ALL age discrimination?
Age Discrimination Act of 1975 and Executive Order Number 11,141
EEOC
Equal Employment Opportunity Commission (EEOC)
The Age Discrimination in Employment Act (ADEA) is enforced by what government agency?
The Equal Employment Opportunity Commission (EEOC)
Is posted notice required for the Age Discrimination in Employment Act (ADEA)?
yes
ADA
The Americans with Disabilities Act of 1990 (ADA)
When was the Americans with Disabilities Act passed?
1990
Describe the The Americans with Disabilities Act of 1990 (ADA).
The Americans with Disabilities Act of 1990 (ADA) prohibits laboratories with more than 15 employees from discriminating against any qualified individual with a disability becasue of his or her disability.
True or False: The Americans with Disabilities Act also requires laboratories with more than 15 employees to provide reasonable accommodations to assist disabled individuals in performing the essential functions of their jobs.
True
True or False: The Americans with Disabilities Act also requires laboratories with less than 15 employees to provide reasonable accommodations to assist disabled individuals in performing the essential functions of their jobs.
false
At what number of employees does the Americans with Disabilities Act (ADA) of 1990 apply?
more than 15
At what number of employees does Title VII of the Civil Rights Act of 1964 apply?
more than 15
According to the ADA of 1990, what three conditions define a disability?
Under the Americans with Disabilities Act, an individual has a diability if he or she:1. has a physical or mental impairment that substantially limits one or more major life activities2. has a record of such impairment (history of emotional illness, cancer or heart disease)3. is judged as having such an impairment.
How does the ADA define physical impairment?
The Americans with Disabilities Act (ADA) of 1990 defines physiologic impairment as any physiological disorder, cosmetic disfigurement, or anatomical loss affecting one or more of the following systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin and endocrine.
How does the ADA define mental impairment?
The Americans with Disabilities Act (ADA) of 1990 defines mental illness as any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning diasabilities.
How does the ADA define major life activities?
basic functions such as "caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working
The ADA uses the term 'substantially limited', how is that term defined?
Substantially limited is defined as:1. unable to perform a major life activity that the average person in the general population can perform; or 2. compared to the general population, 'significantly restricted as to the condition, manner, or duration under which an individual can perform a major life activity.'
Why is it important for the Americans with Disabilities Act (ADA) that the term 'substantially limited' be defined?
Under the ADA, it is not the specific name of the impairment that determines whether a person is disabled but rather it is the effect that the impairment has on the life of the individual.
Name three additional factors considered when assessing if an individual is 'substantially limited' in a major life activity.
1. The nature and severity of the impairment2. the duration or expected duration of the impairment3. the actual or expected permanent or long term impact of, or resulting from, the impairment.
True or False: Under ADA employers must post a notice of the law.
True
True or False: According to the ADA, during an interview it is appropriate to ask an applicant about any impairments or physical characteristics such as scars or missing limbs.
False; Americans with Disabilities Act of 1990
True or False: According to the ADA, during an interview it is appropriate to ask an applicant if they have drug or alcohol problems.
False; Americans with Disabilities Act 1990
Give some examples of 'reasonable accomodations' that an employer might provide under the ADA.
1. job restructuring2. modified work schedule3. reassigning to vacant positions4. acquiring or modifying equipment or devices5. adjusting or modifying examinations6. providing readers or interpreters7. training materials or policies
True or False: According to the ADA, during an interview it is appropriate to ask an applicant how a disability occurred or if the disability resulted from an underlying impairment.
False; Americans with Disabilities Act 1990
True or False: According to the ADA, during an interview it is appropriate to ask an applicant whether an applicant has any disability or medical condition that will prevent the person from performing the job.
False; Americans with Disabilities Act 1990
True or False: According to the ADA, during an interview it is not appropriate to ask an applicant about their health.
True; Americans with Disabilities Act 1990
True or False: During an interview it is not appropriate to ask an applicant about previous counseling or psychiatric care.
True; Americans with Disabilities Act 1990
True or False: During an interview it is not appropriate to ask an applicant about drug or alcohol problems.
True; Americans with Disabilities Act 1990
True or False: During an interview it is not appropriate to ask an applicant information about previous work attendance related to illness or disability.
True; Americans with Disabilities Act 1990
True or False: During an interview it is not appropriate to ask an applicant whether they have any disability or medical condition that will prevent them from performing the job.
True; Americans with Disabilities Act 1990
Year the Americans with Disabilities Act (ADA) was passed.
1990
What governmental group is charged with overseeing enforcement of the Americans with Disabilities Act of 1990?
Equal Employment Opportunity Commission (EEOC)
Where would a charge be filed against an employer for non-compliance with ADA 1990?
Equal Employment Opportunity Commission (EEOC)
What three components are required for the laboraties Hazard Communication Plan required by OSHA?
1. ensure that lables on incoming containers of hazardous materials are not removed or defaced; 2. maintain SDS and ensure they are readily accessible; 3. ensure that personnel are apprised of the hazards of the chemicals in the laboratory
What three items must be determined by chemical manufacturers and/or distributors according to OSHA?
1. when a chemical is hazardous; 2. whether a chemical is a carcinogen or potential carcinogen; 3. the hazards of mixtures of chemicals
True or False: OSHA requires that every laboratory have a written hazard communication program that is readily available to all laboratory personnel?
True; includes a list of chemicals, location of chemicals, and the physical/health hazards of each chemical.
What rule did OSHA publish in 1990 which requires laboratories to ensure that exposure to hazardous chemicals are within permissible exposure limits (PELs)?
Occupational Exposures to Hazardous Chemicals in Laboratories
