The Intelligent Insurance Solution

New WPV Reporting Obligation for Healthcare Employers

By January 1, 2016 and annually thereafter, health care employers with: 1) at least 50 full-time or par
t-time employees; and 2) programs licensed by the Department of Public Health (“DPH”), must report to DPH the number of intentional Workplace Violence incidents occurring on the employer’s premises during the preceding calendar year and the specific area or department of the employer’s premises where such incidents occurred
.  This important change in a health care employer’s external reporting obligation regarding workplace violence became effective on October 1, 2015, and was implemented as part of Public Act 15-91, which revised current law regarding hospital reporting of nurse staffing levels.  The Public Act did not make any other changes to Connecticut’s existing health care workplace violence protection laws.

 Employer Requirements

 Since 2011, Connecticut health care employers, including home health care agencies (not companion agencies), mental health agencies, physician practices, homemaker-home health aide agencies, residential care homes, outpatient clinics, hospitals and others have been required to protect their employees from workplace violence by, among other things:

  1.  Establishing a workplace safety committee;
  2. Developing and implementing a workplace violence prevention and response plan, inclusive of policies and training programs to prevent and respond to workplace violence; and
  3. Maintain detailed records regarding incidents of workplace violence on the employer’s premises.  

 For homecare agencies, it is important to note that at this time, DPH takes the informal position that the patient’s residence is not considered to be the “employer’s premises” for purposes of this reporting obligation.

 Patient Care Obligations vs. Protecting the Clinician

 To the extent practicable, covered employers are also required to adjust a health care employee’s patient assignment when requested by the employee and where the employer knows that the patient has intentionally physically abused or threatened the employee.  The statute provides that abusive or threatening behavior by a patient that is a direct manifestation of the patient’s condition or disability is not considered to be “intentional” and, presumably, does not constitute an incident of workplace violence for purposes of this statute and the new reporting obligations. However, when in doubt, report it, especially if you notified the police and/or CMS/DSS (if the patient is also covered by Medicare or Medicaid).  

 As part of 2011 legislation, covered health care employers were required to report to DPH the number of workplace violence incidents occurring on the employer’s premises and the specific area or department where they occurred, but only if requested by DPH.  With the end of the year fast approaching, covered health care employers must be aware of this new reporting obligation and take steps to ensure their compliance

 If you have a question regarding the original or newly amended workplace violence laws, this new reporting obligation or if you would like a copy of the Public Act, please do not hesitate to contact (at no charge) Attorney Phyllis M. Pari at pari@laflegal.com or (203) 787-7000 x. 14 or Attorney John M. Letizia at letizia@laflegal.com or (203) 787-7000 x 35. 

 _____________________________________________________________________________________________________

The representations made in this article are the analysis of the law offices of Letizia, Ambrose & Falls, P.C., who are responsible for its content.  This information and analysis are provided gratuitously and for information purposes only.  You are encouraged to consult with the appropriate legal counsel prior to relying on this information or analysis.