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

When it comes to hiring for positions in the healthcare industry, supervisors often face challenges due to the legal considerations and regulatory requirements. This discussion will identify two hard-to-fill healthcare positions and discuss the challenges supervisors might face in filling these positions while unintentionally running afoul of regulatory hiring and labor practices requirements. Additionally, we will briefly outline how human resources personnel can ensure that their hiring and labor practices for these positions comply with legal requirements.

Hard-to-Fill Healthcare Positions:
1. Nurse Practitioner: Nurse practitioners (NPs) are advanced practice registered nurses who provide primary and specialized healthcare services. They play a crucial role in the healthcare system, and their demand has been increasing in recent years. However, due to the specialized nature of their expertise, it can be challenging to find qualified candidates for NP positions.

2. Medical Coders: Medical coders are responsible for converting patient diagnoses, treatments, and procedures into standardized codes used for billing and reimbursement purposes. With the increasing complexity of healthcare regulations and the need for accurate coding, hiring skilled medical coders can be difficult.

Challenges in Filling Positions:
1. Nurse Practitioner:
The challenge in filling NP positions lies partly in the scarcity of qualified candidates. Nurse practitioners require not only a nursing background but also advanced education and specialized training to practice independently. This requirement narrows down the pool of potential candidates, making it difficult for supervisors to find suitable candidates for these positions.

Another challenge is coordinating the licensure requirements across different states. Nurse practitioners must be licensed in the state where they practice, and obtaining licensure in multiple states can be time-consuming and costly. Supervisors must navigate through the complex licensing process and ensure that any NP they hire holds a valid license in the state where they will be working.

Additionally, the credentialing process can pose challenges. Nurse practitioners need to be credentialed by healthcare facilities before they can practice. This process involves verifying education, training, certifications, and professional background, which can be time-consuming and demanding for supervisors and human resources personnel.

Unintentional Regulatory Violations:
Supervisors may unintentionally violate regulatory hiring and labor practices requirements while trying to fill NP positions. One potential issue is unintentional discrimination in the hiring process. The Equal Employment Opportunity Commission (EEOC) prohibits discrimination based on protected characteristics such as race, sex, age, and disability. However, supervisors may unknowingly ask inappropriate questions during interviews that touch upon these protected characteristics, leading to potential violations.

Moreover, supervisors may face challenges in complying with regulations related to scope of practice. Nurse practitioners can operate independently in some states, while in others, they need to work under the supervision or collaboration of a physician. If a supervisor hires an NP who is not legally permitted to practice independently, it can result in regulatory non-compliance.

Compliance with Legal Requirements:
Human resources personnel play a crucial role in ensuring that hiring and labor practices are in compliance with legal requirements for hard-to-fill healthcare positions.

For nurse practitioner positions, human resources personnel can take the following steps:

1. Advertise the position widely: By casting a wider net, human resources personnel can attract a larger pool of potential candidates. This can be achieved through job postings on relevant healthcare job websites, professional networking platforms, and collaboration with nursing schools and professional associations.

2. Streamline the state licensing process: Human resources personnel should familiarize themselves with the licensing requirements for nurse practitioners in different states. They should provide guidance and support to candidates in obtaining and transferring licenses when necessary to facilitate the hiring process.

3. Follow a standardized and non-discriminatory hiring process: Human resources personnel should develop and implement a standardized hiring process that ensures compliance with EEOC regulations. This includes avoiding questions that touch upon protected characteristics, conducting fair and unbiased interviews, and making hiring decisions based on qualifications and experience.

4. Verify credentials and qualifications: As part of the credentialing process, human resources personnel should diligently verify the education, training, certifications, and professional background of NP candidates. This helps ensure that the hired candidates meet the required qualifications and comply with regulatory requirements.