Health care providers and custodial agencies operating in Illinois are now subject to new obligations under the Health Care Violence Prevention Act (210 ILCS 160/1 et seq.)(“HCVPA”), which went into effect on January 1, 2019. The HCVPA, which was enacted in response to two 2017 incidents involving inmates who assaulted hospital nurses, seeks to reduce the growing rates of violence against health care workers.

The HCVPA establishes both preventive and curative measures to protect health care workers. Health care providers are required to create an OSHA-compliant workplace violence prevention program. Each program must include:

(1) descriptions of the four classifications of workplace violence under the HCVPA;

(2) commitment by management and health care worker participation;

(3) worksite analysis and identification of potential hazards;

(4) hazard prevention and control;

(5) safety and health training (with required hours determined by rule); and

(6) recordkeeping and evaluation of the violence prevention program.

Hospitals and retail health care facilities are also required to provide resources to workers harmed by patients or their associates. Under the HCVPA’s guidelines, workers directly involved in an incident of workplace violence caused by a patients or their visitors have a right to employer-provided services, including acute treatment and access to psychological evaluation. Additionally, employers of health care workers must post notices in their facilities that detail zero tolerance for verbal aggression or physical assault. Notices must also inform violators that any physical assault will be reported to law enforcement. Rules detailing the requirements of the Notice (including size, format, etc.) have not yet been promulgated and no template Notice is currently available. The HCVPA prohibits management from preventing workers from reporting workplace violence to law enforcement, and any worker that contacts law enforcement or files a report with law enforcement must notify management of the underlying incident within three days. (Pursuant to 45 C.F.R. 164.512 (f)(5) and (j)(1), employees likely would not violate their obligations under HIPAA in directly reporting such an incident to law enforcement). A whistleblower provision further protects employees seeking to ensure the Act is enforced.

Hospitals and health care facilities are encouraged to collaborate with custodial agencies like the Department of Corrections to establish a protocol for committed patients that require treatment outside of custody. Custodial agencies must also comply with new guidelines under the law. Among these rules, custodial agencies must notify hospitals or medical treatment facilities of any significant medical, mental health, or violent safety concerns regarding a committed patient. Additionally, the HCVPA tasks custodial agencies with ensuring that guards or escorts accompany high-risk committed patients and that committed patients have the most comprehensive medical records practicable. The HCVPA also requires the Illinois Law Enforcement Training Standards Board to establish curriculum for custodial agency training.

Health care providers are encouraged to post the required notices and update/create policies that comply with the HCVPA while awaiting additional rules and regulations from Illinois lawmakers.

Our colleagues  at Epstein Becker Green has a post on the Trade Secrets & Employee Mobility blog that will be of interest to our readers in the health care industry: “Mile High Non-Compete Law: Colorado Court of Appeals Determines Enforceability of Liquidated Damages Clause in Physician Non-Compete Agreement.”

Following is an excerpt:

The Colorado Court of Appeals, in Crocker v. Greater Colorado Anesthesia, P.C., recently examined several unique enforceability considerations with respect to a physician non-compete agreement.  Of particular interest was the Court’s treatment of a liquidated damages provision in the agreement.  Pursuant to a Colorado statute (8-2-113(3), C.R.S. 2017), the Court held that the provision was unenforceable because the liquidated damages were not reasonably related to the injury actually suffered.

Michael Crocker, a former physician-shareholder at Greater Colorado Anesthesia (Old GCA), signed an employment agreement with Old GCA that contained a non-compete provision that prohibited Crocker from practicing anesthesiology within 15 miles of a hospital serviced by Old GCA, for two years following termination of the agreement. …

Read the full post here.

On Epstein Becker Green’s OSHA Law Update blog, Eric Conn reviews an article about OSHA’s web-based “Worker Safety in Hospitals” guidance.  The article is entitled “Hospitals’ Heavy Lifting: Understanding OSHA’s New Hospital Worker and Patient Safety Guidance” and is co-authored by our colleagues Eric Conn, James Frank, and Serra Schlanger.

Following is an excerpt from the blog post:

The article, published in AHLA’s Spring 2014 Labor & Employment publication, summarizes OSHA’s new web-based “Worker Safety in Hospitals” guidance, explains how the guidance relates to OSHA’s existing regulatory framework, and details what OSHA considers necessary for an effective Safe Patient Handling Systems as well as an effective Safety and Health Management System.

To access the full blog post, please click here.

 

Our colleagues’ OSHA Law Update blog has a post we think will be of interest: “OSHA Launches Ergonomics Campaign in Healthcare Industries,” by Eric J. Conn, Head of Epstein Becker Green’s OSHA Practice Group.

Following is an excerpt:

OSHA recently announced a campaign to raise awareness about the hazards likely to cause musculoskeletal disorders (MSDs) among health care workers responsible for patient care.  Common MSDs suffered in the patient care industry include sprains, strains, soft tissue and back injuries.  These injuries are due in large part to over exertion related to manual patient handling activities, often involving heavy lifting associated with transferring and repositioning patients and working in awkward positions.

Read the full post here.