HOW MUCH IS YOUR TIME WORTH?
As a business owner…priceless!
When the words “risk management” are spoken in the dental profession, most people automatically think OSHA.
But OSHA’s only concern is with worker protection and even though it plays a major role in the safety and protection of your practice, it isn’t the only regulatory body. HIPAA also has regulations that must be adhered to, and it is not just the business area that needs to be concerned with the confidentiality and protection of the patients. It is important that every employee understands the privacy procedures and as a business owner, you must also ensure that you have a written legal agreement with each of your business associates that contain specified privacy and security language.
What about other possible risks that you as a business owner face everyday that your practice is open?
Being an employer means that you are ultimately responsible for your staff. Your license and reputation are at risk every time a patient visits your practice. It only takes one mistake, or comment to a patient, by a staff member, that could potentially transfer into a law suit or the possibility of having your license suspended or revoked.
“Not in my practice” you convince yourself. “I am aware of everything that goes on in my practice. My staff would never put me in that position” a small voice tells you. The fact is more and more dentists are being brought before the licensing board or reported to OSHA because of problems their employees have created. Why? Inevitably, lack of communication between all parties, that potentially leads to retaliation in some format.
It could be a disgruntled employee, that chooses to report you to OSHA or it could be a patient who is upset by something that your hygienist has done or said. In either of these cases, as the owner of the business, you are ultimately responsible. It is your license and your reputation that is at stake. You are the one that must protect your practice from potential disciplinary action or prevent the potential loss of your license. If a governing body receives a complaint against you or your dental practice, it must investigate. The investigation and response will be costly to you and the stress of receiving such a complaint will be physically costly to you, regardless of the outcome. It is important therefore to make sure that you protect yourself to the best of your ability.
How can you prevent some of the possibilities of legal action?
- Train employees so they are all aware of the regulations and standards as outlined by OSHA and HIPAA regulations.
- Designate an individual to oversee, and be responsible for the training of such and to ensure that it is adhered to, with consequences to staff members who fail to adhere to the practice of these important regulations.
- Integrate a staff management system into your practice, that will create accountability to each of your staff members, for the positions and responsibilities they hold. It will serve as a documented record for their professional growth and also potential protection for you against a disgruntled employee.
- Develop an employee manual that contains the rules and regulations that you hold for your practice. This will serve as a written guideline to all staff members.
These sound business and clinical practices will help maintain compliance and possibly eliminate sanctions.
Test your knowledge of Human Resources and Employment Law to
understand your level of potential risk by answering yes or no to the following:
Has your practice ever been audited for a potential employee lawsuit risks?
Do you always document “verbal” warnings?
Do you have a current sexual harassment policy that states how the practice would handle a potential claim?
Do you conduct sexual harassment training seminars for all employees at least once a year?
Do you have a written policy regarding internet and e-mail use?
Do you, or do you have a staff member, who specializes in Human Resource Management and Employment Law awareness?
Is your Office Manager also your HR Manager?
Do you have a written policy regarding body piercing, tattoos or wearing certain types of jewelry?
Do you have a current, up-to-date, written Employee Policy Manual to ensure compliance and protection for you as an employer?
Do you have a signed statement from each employee, stating
that they understand, and will abide by the work rules of your dental practice?
Do you maintain two types of personnel files for each employee one – “Regular” file and one “Confidential” file?
Do you maintain complete and up-to-date documentation, that should be included in each employee’s personnel file to provide a sound defense against any claims?
Do you have a protocol to follow, when an employee, (or former employee or their attorney) asks to review their personnel file?
Do you have a written “at will” employee policy, that is signed by all employees?
Do you know the precautions to take to prevent possible charges of discrimination from applicants that you choose not to hire?
Do you have a procedure to follow if a pregnant employee says she cannot or will not take x-rays?
Do you have detailed written job descriptions for each employee position?
Have you established a detailed, progressive, discipline and termination process that is written for all employees to understand?
Do you train your employees in effective communication skills?
Do you have an established performance review system to evaluate and support your employees?
Do you treat all employees consistently, to eliminate any possibility of discrimination?
Do you have and maintain written confidentiality policies in your practice that all staff members have signed a form stating their understanding of which, and the consequences if the policies are broken?
If you answered NO to any of these questions, your practice is at potential risk from either a CURRENT employee or a FORMER employee, making a claim against you.
It is so important to have a third party, administer a safety audit every year. Compliance training in your dental practice, with the support of a Dental Practice Coach will allow you more time to focus on dentistry and help you eliminate potential risk in your dental practice.
Please contact us for more information on the services that we provide
Carole Holcroft
Dental Practice Coach
Crown Dental Options
Your Partner in Employee Management
www.crowndentaloptions.com
978-360-7014
Disclaimer: The content of this evaluation is not intended to be a legal document of any kind. It is intended to be a guide in general employee management, for use in conjunction with qualified legal advice and federal\state regulations or legislation as appropriate and required.