(For a sample social media policy, see Chapter 3: Employee Policies.)
A recent survey conducted by CareerBuilder found that 48 percent of employers will use Google or other search engines to research candidates.
Excluded Individuals
Prior to hiring, a dental practice should consider determining whether an individual has been “excluded” by the U.S. Department of Health and Human Services Office of Inspector General (OIG).
If an individual has been excluded, no federal health care program will pay the individual or the practice for any items or services that the excluded individual furnishes, orders, or prescribes, regardless of who submits the claims. The dental practice may also be exposed to civil monetary penalties if it submits claims to a federal health care program for items or services provided directly or indirectly by an excluded individual.
The OIG maintains a list of excluded individuals and entities in its online, searchable exclusions database known as the List of Excluded Individuals and Entities (LEIE), which is available at https://oig.hhs.gov/exclusions/. Information about the exclusion program and the database is available at the OIG website, www.oig.hhs.gov. The OIG website provides frequently asked questions about exclusions and the LEIE at https://oig.hhs.gov/faqs/exclusions-faq.asp.
Opt Out
If an individual has opted out of Medicare, then with limited exceptions, he or she cannot bill Medicare and must enter into private contracts with Medicare beneficiaries during the opt-out period (generally two years). If you are considering hiring a dentist or other individual who will provide Medicare-covered items or services to Medicare beneficiaries, ask whether he or she has opted out and, if so, the duration of the opt-out period.
Drug Testing
Drug testing is another option to consider in the hiring process as these tests may help identify individuals who are dependent on alcohol and drugs. However, state law determines whether drug testing may be conducted on prospective employees. Thus, before you request a prospective employee to take a drug test, you should consult with the department of labor in your state. In the area of drug and alcohol testing, state laws vary considerably, and some states have specific guidelines for when you may test applicants and employees and the procedures that must be followed by employers. It is possible that using a drug test may minimize your exposure to negligent hiring claims.
Employment Agreements
An employer should consult with a qualified attorney before preparing employee handbooks, contracts, or other documents that might be construed as a contract of employment. Some states infer a promise of fair dealing as part of the employment relationship. Other states have found that an office policy manual or employee handbook, or written offers of “permanent” employment may constitute a contract —especially if the handbook contains no language to the contrary. Therefore, if termination is necessary, all rights provided by the law and established by agreement must be respected by the employer.
A HIPAA covered entity may include background checks on prospective workforce members who will have access to protected health information as part of its HIPAA compliance policies and procedures. If your practice is a HIPAA covered entity, you should consider including background checks among the safeguards that you implement to protect your patients’ information.
Bonding
Bonding new employees is a method some practices use to protect against theft. Often called a “fidelity bond” or “employee dishonesty policy,” bonding is a form of insurance against financial losses arising from dishonest acts of employees at work, such as the theft of money, medicine, or office equipment. These policies typically are issued as a part of a customized insurance package for your practice. Seldom issued separately, they are added on to your property, practice, or liability insurance for an additional premium. Most carry a deductible similar to property insurance. Because of confidentiality considerations, few of these policies survey or research personnel as a part of the service.
Bonds can apply to one individual or all employees of the practice. But in the interests of fairness and employee relations, you can’t bond for just one employee whom you suspect of dishonesty. It’s easiest, of course, to bond employees as they are hired. When you hire new team members, that’s the time to introduce bonds to all of your employees — both new and current. As you consider bonding employees, you may weigh the advantages of added protection to practice finances against the disadvantages of bonding cost and potentially negative impact on employee morale.
Often called a “fidelity bond” or “employee dishonesty policy,” bonding is a form of insurance against financial losses arising from dishonest acts of employees at work, such as the theft of money, medicine, or office equipment.
How to Make an Offer
Once you’ve made a hiring decision, offer the candidate the job. A job offer can be made inperson, over the phone, or in writing. Most employers offer the job over the phone to obtain a quicker response and to hire an employee before someone else does.
After the interview, you should have a good idea of what salary you will offer the candidate. This will be a combination of the following factors: employee’s credentials, employee’s experience, job responsibilities, and a market analysis of salaries in your community for similar positions. For more information on determining a salary, see Chapter 5: Employee Benefits.
As you make the offer, do not make any employment promises — or statements that can “seem” like promises — that you cannot or do not wish to keep. If the employee were to ever take a grievance to court, these statements could be interpreted as a “binding contract” and be inconsistent with your at-will employment status.
The official written offer can then be mailed to the employee. Again, the offer should be written in a way that cannot be seen as a “binding contract.” In fact, if you are an at-will employer, the offer letter is an excellent way to reiterate that at-will employment status. Avoid using phrases that imply a long-term relationship, such as “our company family” or “job security.” The offer letter should state the rate of pay on an hourly, weekly, or monthly basis — never on an annual basis. Offering an annual rate of pay can be interpreted as a yearly contract.
The written offer should contain the following information, and should be reviewed by legal counsel:
• Position
• Wages
• Benefits
• Office location and working hours
• Beginning date
• Any paperwork that should
