UNIT II STUDY GUIDE Legal Aspects of Emergency Medical Services Systems and Management Learning Objectives Reading Assignment Chapter 7: EMS Human...

EMS 3301 , Emergency Medical Services Management 1 UNIT II STUDY GUIDE Legal Aspects of Emergency Medi cal Services Systems and Management Learning Objectives Upon 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 employee - screening and hiring process, and identify staffing needs for future EMS operations. 3. Identify the techniques used to conduct an effective performance appraisal and problems associated with conducting performance appraisals. 4. Identify the components of a positive dis cipline program and methods for implementing a due -process procedure involving a disciplinary action. 5. Discuss the warning signs of workplace violence and management activities used to contain or prevent it. 6. Perceive the current legal statutes that affect t he EMS system and how EMS 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 behave ethically in the workplace . Written Lecture Unit II identifies what is arguably the most important fa cet of any organization: human capita l. Through the exploration of human resources issues, activities, and responsibilities , as identified in Chapter 7, and the legal and labor relations issues that encompass the management of personnel , in Chapter 17 , the EMS leader can build on the lessons learned in Unit I with regard to the management and leadership of the organiza tion’s most important component: its employees. Chapter 7 provides a high level overview of the many considerations and activities of human resources departments as they rela te to general employee - employer relationships , as well as some of the unique intricacies of managing EMS personnel. From the critical value of well designed a nd implemented job descriptions to the essential considerations for recruitment, screening proce sses, interviewing procedures, abilities testing, and other assessment measures and mechanisms, it becomes evident that both the initial and ongoing success of EMS personnel are largely a function of well -designed human resources, activities, and operation s. While potentially not the most glamorous function when one considers EMS operations, human resources operations are arguably on e of the most valuable coll ection of processes within any emergency medical services system as it effectively delivers upon, and provides ongoing maintenance of, one of the most impor tant assets in any organization: a well - trained and high functioning workforce. As a Supplemental Reading and learning opportunity, the EMS World article “Innovative Interviewing Techniques ” is pro vided to shed some light on a widely used interviewing technique that has proven to be a very valuable indi cator of on -the -job performance: the behavior - based interview. Reading Assignment Chapter 7: EMS Human Resources Management Chapter 17: Lega l and Labor Relations Supplemental Reading See information below. Learning Activities (Non -Graded) See information below. Key Terms 1. Ambulance diversion 2. Arbitration 3. Collective bargaining 4. Emergency Medical Treatment and Active Labor Act (EMTLA) 5. Ethics 6. Fair Labor Standards Act (FLSA) 7. Grievance 8. Gross negligence 9. Job description 10. Job spec ification 11. Malpractice 12. Progressive discipline 13. Weingarten Rights 14. Workplace violence EMS 3301 , Emergency Medical Services Management 2 Chapter 7 also provides a look into the value and importance of ethics and ethical co nduct within an EMS organization. As quoted in the Supplemental Reading “Leadership Ethics in EMS ,” Daft makes a very valuable point: Leadership ethics are important in EMS. Ethics are about how we distinguish between right and wrong or good and evil in relation to the actions, volitions and character of human beings. We as EMS providers should know ethics are important to both ambulance teams and their organizations. Leaders need to teach, demonstrate and emphasize exceptional ethical behavior and pract ices. Value - based leaders who model good ethics generate high levels of trust and respect from employees, based not just on their stated values, but on the courage, determination and sacrifice they demonstrate in upholding them. (Breaux, 2012 , para. 8 ) Ch apter 17 builds upon, and in some cases mirrors, l essons learned in Chapter 7, specifically legal and labor relations. The latter half of the chapter gives a high level overview of important issues related to human resources management , such as unions and collective bargaining ; the specific legal requirements that must be understood by management when dealing with labor relations issues as they relate to union employees ; the discipline process ; the right to grieve, mediate, and arbitrate managerial decision s to impose discipline ; and important landmark decisions and case law such as the Fair Labor Standards Act and W eingarten Rights. As a leader in any organization, it is important to understand how these rights apply to employees, particularly those with c ollective bargaining agreements that belong to a union, and your role in ensuring that your interactions and dealings with employees are in accordance with labor relations standards and ap plicable laws and re gulations. Chapter 17 also discusses both imp ortant concepts of operations that have legal and regulatory implications such as ambulance diversion, HIPAA privacy ruli ngs and regulations that affect the way private and identifiable patient information is protected and shared, Medicare and Medicaid law and illegal billing practices, and other important laws such as the Emergency Medical Treatment and Active Labor Act (EMTLA) and the 1985 Consolidated Omnibus Budget Reconciliation Act (COBRA). These acts and regulations significantly impact the operatio ns and procedures of all emergency medical services systems across the nation and are , therefore , of vital importance to all EMS systems management and leadership personnel. Reference Breaux, P. (2012, May 11). Leadership ethics in EMS. EMS World , Retri eved from http://www.emsworld.com/article/10712788/leadership -ethics -in- ems Supplemental Reading Click 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 a rticles: EMS 3301 , Emergency Medical Services Management 3 Breaux, P. (2012, May 11). Leadership ethics in EMS. Retrieved from http://www.emsworld.com Pianezza, P. (2009, December 31). Innovative interviewing techniques: Behavior -based interview questions can be the key to finding the perfect employee. Retrieved from http://www.emsworld.com Learning Activities (Non -Graded) Reflection Paper For this activity, you are asked to reflect on the concepts covere d in the Reading Assignment and the Written Lecture and write about them. What did you understand completely? What did not quite make sense? The purpose of this activity is to provide you with the opportunity to reflect on the material you finished reading and to expand upon those thoughts. If you are unclear about a concept, this will give you a chance to write those questions down and email them to your professor for feedback. Can you apply the concepts you learned in this unit toward your career? How? This is not a summary but is instead a chance for you to express your thoughts about the material learned in this unit by writing about it. The Reflection Paper should meet the following requirements:  Be at least one page  Contain your thoughts about the m aterial and its value to you personally x Contain any questions you may have concerning the material Format your writing using APA style. Because this is not a graded assignment, it does not need to be submitted. This activity was designed to allow you an opportunity to put your thoughts down on paper so you can determine what concepts still may be foreign to you and give you a chance to ask your professor any questions you may have. Scholarly Activity Click here to read a PDF of a DACUM Competency Profile f or Paramedics. Create a job description for a paramedic based on this profile. Then create a list of interview questions you would ask individuals applying for this position. Format your writing using APA style. Because this is not a graded assignment, it does not need to be submitted. However, this will give you some practice in writing job descriptions and interview questions.