Top Legislative Issues
Vague Labor Transgressions Review
Memo in Opposition
Bill Number: A. 1205 (Gantt)
Summary:
HCP opposes the enactment of A. 1205, which would require the Department of Health (DOH) and Public Health Council (PHC) to review undefined "past labor transgressions" when considering applications for licensure of a home care agency or in making determinations to revoke or suspend certification or licensure of a home health agency. This legislation is far too broad in scope and is not related to the delivery of health care services or quality of care issues.
HCP questions the overall appropriateness of the legislation, but also the vague nature of the proposal and its intent. The bill does not provide limitations on the timeframe that past labor transgressions would be considered for penalty. Further, the bill does not specify how applicants would be penalized nor does it address what level of transgression would be needed to disqualify the owner/operator from continuing to operate. Finally, the bill fails to recognize the extensive oversight process home care agencies currently are subject to which includes supervision by both DOH and Department of Labor (DOL), as well as many other Federal and private accrediting agencies.
Position:
HCP opposes A. 1205, which would impose additional vague requirements on the licensure process for home care agencies and other health care providers, and require the State to look at additional criteria in order to determine if a license or certification may be revoked, suspended or otherwise limited. As employers, home care agencies must be reviewed for character and competence by DOH, the State Hospital Planning and Review Commission (SHRPC) and the PHC to obtain licensure or certification. Once home care agencies are granted licensure or certification, DOH continues to oversee these agencies through the use of ongoing field surveys. Additionally, home care agencies operate under the oversight of the State and U.S. DOL, the Occupational Safety and Health Administration (OSHA), the National Labor Relations Board (NLRB) and, in many cases, private accreditation organizations.
In order to ensure the health and safety of health care consumers, the quality of care delivered and the accessibility of such services, DOH has the ability to review, investigate, question, and consider all pertinent information that would impact the quality or availability of health care services. Appropriate oversight of labor issues is conducted and addressed by myriad government and private oversight entities and processes already exist to resolve and rectify any "labor transgressions" that may occur. The involvement of DOH in such issues is inappropriate. It detracts from their current charges and creates an untenable situation for providers that are then subject to inconsistent oversight and systems to address issues if they should arrive. Taken to the extreme, the involvement of DOH on such issues and without appropriate parameters could result in compromised access to care if providers are unable to deliver services as a result of a DOH misinterpretation that prevents an organizations approval or protracted investigation of a non-related "labor transgression" that results in the suspension of an organization's license.
Specifically, this legislation calls for DOH and the PHC to review "any past violations of state or federal rules, regulations or statutes related to employer-employee relations, workplace safety, collective bargaining or any other labor related practices, obligations or imperatives." This bill does not specify what such violation would be nor does it speak to what would be sufficient to deny an applicant licensure or be deemed worthy of a revocation or suspension of licensure or certification, thus resulting in inconsistent, vague and open-ended interpretations of labor issues by DOH. Also, the bill neither provides a specific timeframe for a violation to be considered, nor takes into account how past violations may have been corrected. Among other things, HCP finds it wholly unfair to hold agencies accountable for an undetermined length of time for vaguely defined labor violations.
Finally, this bill would require DOH to review labor-related issues that currently fall under the purview of the State and U.S. DOL and the NLRB. Checks and balances already exist among these agencies when considering character and competence in agency operations and systems are available to address any potential "transgressions."
HCP opposes A. 1205 for a number of reasons, including the inappropriate involvement of DOH in labor issues, the lack of positive impact the bill would have on quality of care and access, and the broad and undefined nature of process that would be imposed.
