UNIT II STUDY GUIDE Legal Aspects of Emergency Medical Services Systems and Management

UNIT II STUDY GUIDELegal Aspects of Emergency MedicalServices Systems and ManagementLearning ObjectivesReadingAssignmentChapter 7:EMS Human ResourcesManagementChapter 17:Legal and Labor RelationsSupplementalReadingSee information below.Learning Activities(Non-Graded)See information below.Key Terms1.2.3.4.5.6.7.8.9.10.11.12.13.14.Ambulance diversionArbitrationCollective bargainingEmergency MedicalTreatment and ActiveLabor Act (EMTLA)EthicsFair Labor StandardsAct (FLSA)GrievanceGross negligenceJob descriptionJob specificationMalpracticeProgressive disciplineWeingarten RightsWorkplace violenceUpon completion of this unit, students should be able to:1. Identify the issues surrounding EMS workforce of the future.2. Utilize techniques to develop job-task analyses, build an employeescreening and hiring process, and identify staffing needs for future EMSoperations.3. Identify the techniques used to conduct an effective performanceappraisal and problems associated with conducting performanceappraisals.4. Identify the components of a positive discipline program and methodsfor implementing a due-process procedure involving a disciplinaryaction.5. Discuss the warning signs of workplace violence and managementactivities used to contain or prevent it.6. Perceive the current legal statutes that affect the EMS system and howEMS service is delivered, as well as the legal trends arising within EMS.7. Explain how labor laws that influence EMS operations are applied.8. Determine methods that should be used to influence others to behaveethically in the workplace.Written LectureUnit II identifies what is arguably the most important facet of any organization:human capital. Through the exploration of human resources issues, activities,and responsibilities, as identified in Chapter 7, and the legal and labor relationsissues that encompass the management of personnel, in Chapter 17, the EMSleader can build on the lessons learned in Unit I with regard to the managementand leadership of the organization’s most important component: its employees.Chapter 7 provides a high level overview of the many considerations andactivities of human resources departments as they relate to general employeeemployer relationships, as well as some of the unique intricacies of managingEMS personnel. From the critical value of well designed and implemented jobdescriptions to the essential considerations for recruitment, screeningprocesses, interviewing procedures, abilities testing, and other assessmentmeasures and mechanisms, it becomes evident that both the initial and ongoingsuccess of EMS personnel are largely a function of well-designed humanresources, activities, and operations. While potentially not the most glamorousfunction when one considers EMS operations, human resources operations arearguably one of the most valuable collection of processes within any emergencymedical services system as it effectively delivers upon, and provides ongoingmaintenance of, one of the most important assets in any organization: a welltrained and high functioning workforce. As a Supplemental Reading and learningopportunity, the EMS World article “Innovative Interviewing Techniques” isprovided to shed some light on a widely used interviewing technique that hasproven to be a very valuable indicator of on-the-job performance: the behaviorbased interview.EMS 3301, Emergency Medical Services Management1Chapter 7 also provides a look into the value and importance of ethics andethical conduct within an EMS organization. As quoted in the SupplementalReading “Leadership Ethics in EMS,” Daft makes a very valuable point:Leadership ethics are important in EMS. Ethics are about how wedistinguish between right and wrong or good and evil in relation tothe actions, volitions and character of human beings. We as EMSproviders should know ethics are important to both ambulanceteams and their organizations. Leaders need to teach, demonstrateand emphasize exceptional ethical behavior and practices. Valuebased leaders who model good ethics generate high levels of trustand respect from employees, based not just on their stated values,but on the courage, determination and sacrifice they demonstrate inupholding them. (Breaux, 2012, para. 8)Chapter 17 builds upon, and in some cases mirrors, lessons learned inChapter 7, specifically legal and labor relations. The latter half of the chaptergives a high level overview of important issues related to human resourcesmanagement, such as unions and collective bargaining; the specific legalrequirements that must be understood by management when dealing with laborrelations issues as they relate to union employees; the discipline process; theright to grieve, mediate, and arbitrate managerial decisions to impose discipline;and important landmark decisions and case law such as the Fair LaborStandards Act and Weingarten Rights. As a leader in any organization, it isimportant to understand how these rights apply to employees, particularly thosewith collective bargaining agreements that belong to a union, and your role inensuring that your interactions and dealings with employees are in accordancewith labor relations standards and applicable laws and regulations.Chapter 17 also discusses both important concepts of operations that have legaland regulatory implications such as ambulance diversion, HIPAA privacy rulingsand regulations that affect the way private and identifiable patient information isprotected and shared, Medicare and Medicaid law and illegal billing practices,and other important laws such as the Emergency Medical Treatment and ActiveLabor Act (EMTLA) and the 1985 Consolidated Omnibus Budget ReconciliationAct (COBRA). These acts and regulations significantly impact the operations andprocedures of all emergency medical services systems across the nation andare, therefore, of vital importance to all EMS systems management andleadership personnel.ReferenceBreaux, P. (2012, May 11). Leadership ethics in EMS. EMS World, Retrievedfrom http://www.emsworld.com/article/10712788/leadership-ethics-inemsSupplemental ReadingClick here to access a PDF of the Chapter 7 Presentation.Click here to access a PDF of the Chapter 17 Presentation.Go to http://www.emsworld.com to search for and read the following articles:EMS 3301, Emergency Medical Services Management2Breaux, P. (2012, May 11). Leadership ethics in EMS. Retrieved fromhttp://www.emsworld.comPianezza, P. (2009, December 31). Innovative interviewing techniques:Behavior-based interview questions can be the key to finding the perfectemployee. Retrieved from http://www.emsworld.comLearning Activities (Non-Graded)Reflection PaperFor this activity, you are asked to reflect on the concepts covered in the ReadingAssignment and the Written Lecture and write about them. What did youunderstand completely? What did not quite make sense? The purpose of thisactivity is to provide you with the opportunity to reflect on the material youfinished reading and to expand upon those thoughts. If you are unclear about aconcept, this will give you a chance to write those questions down and emailthem to your professor for feedback. Can you apply the concepts you learned inthis unit toward your career? How?This is not a summary but is instead a chance for you to express your thoughtsabout the material learned in this unit by writing about it.The Reflection Paper should meet the following requirements:Be at least one pageContain your thoughts about the material and its value to you personallyContain any questions you may have concerning the materialFormat your writing using APA style. Because this is not a graded assignment, itdoes not need to be submitted. This activity was designed to allow you anopportunity to put your thoughts down on paper so you can determine whatconcepts still may be foreign to you and give you a chance to ask your professorany questions you may have.Scholarly ActivityClick here to read a PDF of a DACUM Competency Profile for Paramedics.Create a job description for a paramedic based on this profile. Then create a listof interview questions you would ask individuals applying for this position.Format your writing using APA style. Because this is not a graded assignment, itdoes not need to be submitted. However, this will give you some practice inwriting job descriptions and interview questions.EMS 3301, Emergency Medical Services Management3