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While it is well known that health care staff members can only speak English in front of patients and residents (unless they're serving as a translator), questions often arise about staff members speaking other languages when no patients or residents are around. Other staff members unable to understand the language sometimes feel uncomfortable, and they may complain to a supervisor. The question that arises most often is: can an employer require employees to only speak in English, regardless of who is around them? The answer favors flexibility for the employer to set whatever policies are most appropriate for that company.

The standard for being able to regulate language in a company is the "business necessity" rule. Employers cannot create an English only environment simply because they want to, or because they want to target particular employees. However, employers who wish to regulate language for a legitimate business necessity can do so. A common example of such a necessity would be fostering better relations among employees. Such a rule would have to apply to all foreign languages. Regulating the use of only one language could be problematic. Even if all employee complaints centered on a single foreign language, a broad policy would best protect employers from accusations of discrimination. A cohesive workforce is critical to the success of any company, and the law gives employers the ability to regulate languages to meet that end.

  

If you have any questions regarding language policies, please contact Brandon Goldberg at 609-454-5351 or bgoldberg@barmak.com.

  

September 23, 2013 Compliance Deadline  

  

The Department of Health and Human Services (HHS) Office of Civil Rights comprehensive modifications to the HIPAA Privacy, Security, Enforcement and Breach Notification Rules ("Rules") require covered entities to come into compliance with the majority of the Rule's requirements by September 23, 2013.

Compliance Dates:

• September 23, 2013:  Compliance required for the majority of the Rules' provisions.
• September 22, 2014:  Business Associate Agreements ("BAAs") must comply with the Rules including the requirement that Business Associates must have similar agreements with their covered subcontractors.

Summary of Changes:

• Business Associates now include subcontractors for Business Associates that also access PHI;
• Revisions and additions for covered entities and Business Associates that must be included in BAAs as well as the mandatory requirement that all existing BAAs comply with the new Rules by September 22, 2014;
• Mandatory additions to covered entities' HIPAA Privacy Notices, including notifying individuals of their right to notification of PHI breaches; and
• Requirement to conduct and document a risk assessment in the event of a possible breach of PHI.

If you have any questions about HIPAA / HITECH, please contact Aaron Rubin at 609-454-5351 or arubin@barmak.com.