by Lauren Brown, J.D., MBA
During these difficult times, small business owners are reviewing their business models and adapting to the “contactless” approach to conducting business. Customers are also adjusting to this new way of commerce. For business owners, compliance is very important. This article addresses four critical issues in compliance for business owners.
Re-Opening Considerations
Businesses have a tough decision in considering whether to reopen. Local government officials have made decisions for various stages of re-opening. Although some stages have moved forward, others have regressed back to partial and no re-opening for businesses. The main concern is the health and safety of the overall community. It is best to stay informed about new and updated governmental orders and guidance that may impact whether operations may continue and to what extent.
COVID-19 and Workplace safety
According to a blog article written by Toby Graham at KPA, the best defense against COVID-19 at work and at home is a hierarchical approach to protection. The five stages (from most to least effective) are:
• Elimination - eradicate or remove the hazard
• Substitution – since we cannot replace COVID-19, we can reduce the rate of transmission and limit exposure by going virtual and having employees work from home
• Engineering Controls – since every business cannot work remotely, they can do things like putting tape on the floor to keep people 6 feet apart, install partitions in reception and point-of-sale areas, and use contactless payments
• Administrative Controls – practice 6 feet of social distancing, wash hands frequently, wipe down shared and frequently used surfaces often, stagger employees’ work shifts, and regulate bathroom trips
• Personal Protective Equipment (PPE) – owners and employees can use masks, gloves, face shields, hazmat suits, etc. to support a safe environment.
Dealing with Employee Confidentiality of Medical Records
Business owners need to be aware of and comply with the Health Insurance Portability and Accountability Act (HIPAA) that was passed by Congress in 1996. Among other mandates, HIPAA requires the protection and confidential handling of protected health information (PHI). The rule also allows information to be shared through a health system to provide quality health care while promoting the overall health and well-being of the public. As an employer, if you pay for any portion of employee health care plans, the Privacy Rule applies. It is wise to verify the guidelines covered by this regulation and any policies you implement that cover confidential health information as it relates to HIPAA.
Any data that can individually identify is considered PHI, which is all "individually identifiable health information" held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. As an employer, it is best to follow the guidelines for releasing Protected Health Information (PHI) according to state laws and local health officials. Below are a few recommendations:
• Have written policies in place to address this issue and communicate the policies to employees and to customers, to the extent permitted and/or required by law or governmental regulation, for example, HIPAA. We recently celebrated the 30th anniversary of the Americans With Disabilities Act (ADA), which promotes equal opportunity for people with disabilities.
• Consider requiring disclosure of medical information and follow the laws and rules that control disclosure of otherwise confidential medical information.
• If you collect this personal information, give notice (preferably written) in advance of any policy updates; limit dissemination and processing of information about the positive test on a strict need-to-know basis; and document both the process, justifications, and steps you will take to ensure the security of the information shared.
• Get an order from the government agency issuing directives about disclosure of private and confidential information concerning a positive test result and required actions that must be taken.
Prepare for business and workplace disruptions
Most entrepreneurs and small business owners have experienced some disruption in business operations. Consider federal, state and local government support available during these difficult times. Two resources are:
Many businesses have made adjustments to their operations and their workforce. Actions include hiring freezes, reducing work, employee layoffs or furloughs.
Thoughts on Post-COVID-19 and Business
There is no doubt that businesses are facing huge challenges in these difficult times. Both government officials and private sector professionals are researching to find an affordable, available and effective vaccine and cure for this pandemic. In the meantime, business owners should take advantage of this time to reflect on their business and make the necessary changes to remain competitive and profitable.
Business owners should:
• Take care of the health and safety of yourself, your family, your staff, customers and partners. Put measurements in place to ensure everyone’s safety
• Review and consider making a change to your business model to reflect the movement toward a 'contactless' society
• Automate parts of your business to operate more
efficiently
• Keep in contact with your target market. Get feedback on an on-going basis
• Track your business progress using analytics to stay competitive
Lauren Brown, JD, MBA is a contributing writer for Writing by Design Media, Inc. and a board member.