Assignment 3 Employment Law

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Assignment 2: Employment Laws

HSA530 – Health Services HRM
February 18, 2013

Assignment 2: Employment Laws
1. Determine which laws need to be most closely monitored in our organization and state why? “This new law recognizes that Medicare isn’t just something that you’ve worked a lifetime for, having the security of knowing that Medicare will be there when you need it. It’s a sacred and invaluable trust between you and your cournty.And those of us elected officials have a commitment to uphold that trust – and as long as I’m President, I will” President Obama, CMS.gov.). According to President Obama, this new law will give seniors and their family’s greater savings, better benefits and a higher quality of health care. The President went on to say, that it will also ensure accountability throughout the system. With home healthcare, this law is very important because over half of the clients that home healthcare provides for most if all clients are on some type of Medicare, whether it be they have reached the age to draw it, or they have become disabled, or what, but they still need these laws behind them. Other important factors of this law are:

* It will help keep seniors more healthy
* It will improve the quality of care
* Develop and promote new models of care
* Modernize our health system
* And fight waste, fraud and abuse
“The passage of the Affordable Care Act marks a turning point in the unsustainable rate of cost growth in our health care system. The new law will generate significant cost savings in both the near term and long term, will help drive system-wide cost-saving and quality improvement and will improve the solvency of the Medicaid Trust Fund by 12 years” (CMS.gov). Another law that is very important to the home healthcare employees would be that of how they are classified, whether it be an employee or contract labor. This has been a very sticky subject within the Home Healthcare Field. Employees are afraid to question it because they are afraid of getting fired and having no job at all, but yet they feel that this is unfair. I have experienced this first hand myself with the company that I work for now. I am classified as contract labor and receive a 1099 at the end of the year. The company does not take any taxes, Medicare, social security or anything out on me. I have to do it myself at the end of the year. I was also told that I had to pay my own workmen’s compensation and unemployment. If I am terminated or quit I cannot draw anything. Also by being classified as contract labor, I get no benefits, no health insurance, and no overtime (and for me that is a big one because I work 46 hours a week and if either of the other two are out, I have to fill in. We went for 3 months not too long ago that we did not have a second shift person and I was working both shifts and not getting a day off. I was putting in from 65 to 80 hours a week. But I only got straight pay for it, no overtime, not even a thank you from the company. The company is the one to tell us what we are to do on the job, we fill out a timesheet for them and they are the ones that set our hours. They give us a contract that states we have to keep a home office, we have to advertise ourselves to the public that we are available for work, it also states that we are not to make over 80% of our wages from that one company; we have to pay our own taxes, Medicare, unemployment and worker compensation. It states that we do not get holiday pay, sick pay or any other benefits. They also tell us what income we will make and when it comes time for a raise, they tell us what they will give us. After looking in the IRS.gov website, they have a form that you can print off, fill out, and send in to them with a copy of your contract and they will tell you how you should be classified. Also, if the company is classifying us wrong, they could be made to go back over the time I have been there and pay me back pay for...
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