Page 24 - Healthcare News Mar/Apr 2022

HEALTHCARE LAW
The DOL Is Set to Ramp Up Audits
Here Are Steps Employers Can Take to Ensure FMLA Compliance
BTy ALEXANDER J. CERBO, Esq.
he Department of Labor (DOL) has announced it intends to increase Family and Medical Leave Act (FMLA) audits on employers. Businesses across
many industries continue to face scrutiny by the DOL on their FMLA procedures due to an increase in FMLA viola- tions.
Prepare yourself now and give your FMLA procedures a spring cleaning. The following steps are a great way to stay prepared:
Review your FMLA policy. It needs to include eligibil- ity requirements (i.e., the reasona for FMLA leave), call-in procedures, an explanation of benefit rights during leave, and much more.
In addition to providing your FMLA policy in your handbook, post it prominently where it can be viewed by your employees and applicants. Keep in mind that if a sub- stantial portion of your workplace speaks a language other than English, you must provide the poster in that language as well.
Review your FMLA forms. Examine all existing forms to ensure they comply with FMLA regulations. The DOL loves to examine FMLA forms during an audit. You will also want to review legally compliant correspondence that may apply to FMLA leave.
Review your FMLA practices and procedures. When doing so, ask yourself: What procedures are used by my
“
managers when an employee
reports an absence that may
be covered by the FMLA? Do
our procedures ensure that all
requests for leave, regardless
of whether “FMLA leave” is
expressly requested, reach the
appropriate manager or HR?
Do we have procedures in
place for contacting employees
while they are on FMLA leave?
All these questions and others are important to keep in mind.
Also, be sure to maintain all employee data the DOL will want to see. Keep in mind the DOL tends to conduct broad record requests, so you will want to make sure
your recordkeeping is consistent with all regulations and requirements. And remember: all FMLA-related documen- tation, such as above, must be kept for a minimum of three years and be kept separate from an employee’s personnel file.
Train, train, and train! Train your employees on all things FMLA! For most companies, managers are the first line of contact. If they are not comfortable with proper FMLA leave procedures now, this may create issues later on. You will greatly reduce the risk of a potential FMLA
MACONY Pediatrics Wins MHQP Patient Experience Award
GREAT BARRINGTON — Berkshire Health Systems announced that MACO- NY Pediatrics, the system’s pediatric-care clinic, received an award from Massachu- setts Health Quality Partners (MHQP) for being one of the top practices in Massa- chusetts for patient experience in primary care.
The annual MHQP Patient Experi- ence Awards were introduced in 2018 by MHQP, a nonprofit measurement and re- porting organization that brings together providers, health plans, and patients to improve the quality of patient-care experi-
ences in Massachusetts. MHQP conducts the only statewide survey of patient expe- rience in primary care in Massachusetts.
Awards were given to top overall performers in adult primary care and pediatrics in each of nine performance categories. MACONY Pediatrics received recognition for Distinction in Coordinat- ing Patient Care.
“This award is a testament to the hard work that our providers and commu-
nity partners have done in coordinating care for children and families to expand resources by working as a team of support
versus silos of care,” said Dr. Deborah Buccino of MACONY Pediatrics. “This has been particularly important in the critical area of access to mental-health resources. The team is creating profes- sional development around best practices of collaborative care coordination to share elements that have made our work suc- cessful.”
Barbra Rabson, MHQP’s president and CEO, noted that, “although the pandemic continues to have an immeasurable im- pact on healthcare everywhere, the 2021 winners of the 2021 MHQP Patient Expe-
rience Awards found a way to rise above this crisis and provide best-in-class patient experiences during a very challenging time. We are thrilled to congratulate each of them on behalf of their patients for their exceptional commitment to excel- lence.”
James Roosevelt Jr., MHQP’s board chair, added that “primary care is the heart of healthcare in Massachusetts. The practices from all across the state recog- nized with this award have distinguished themselves where it matters most: in the experiences of their own patients.”
Examine all existing forms to ensure they comply with
FMLA regulations. The DOL loves to examine FMLA forms during an audit.”
violation in the future by training now.
FMLA audits are not cut and dry and need to be taken
seriously to avoid any potential violations. Lastly, do your managers understand how FMLA, PFMLA, and ADA inter- sect? They should.
Taking the proper steps now can help make a DOL audit go more smoothly. v
Alexander Cerbo is an attorney who specializes in labor and employment-law matters at the Royal Law Firm LLP, a woman-owned, women-managed corpo- rate law firm that is certified as a women’s business enterprise with the Massachusetts Supplier Diversity Office, the National Assoc. of Minority and Women Owned Law Firms, and the Women’s Business Enter- prise National Council.
Whitcomb Foundation Donation to Support Youth Mental Health
SPRINGFIELD — The Public Health Institute of Western Massachusetts (PHI- WM) received $10,000 from the Richard & Barbara Whitcomb Foundation. Andrea Whitcomb made this donation in memory of her father, who had a lifelong love of children and young people.
The money will be used to support the Springfield Youth Mental Health Coali- tion, which is working on a communica- tions campaign to normalize talking about mental health and to support children and families.
In 2019, PHIWM embarked on a
year-long planning process to identify an existing health concern exacerbated by the presence of a casino in Springfield. The advisory board gathered diverse com- munity and content-expert input as well as data from existing community health needs assessments. The planning process
narrowed from a list of 15 potential issues to one, youth behavioral health, leading to the convening of the Springfield Youth Mental Health Coalition.
24 WWW.HEALTHCARENEWS.COM MARCH/APRIL 2022