Legal and regulatory issues are of extreme importance to case managers and care coordinators, yet they are many times an afterthought to the daily tasks that consume us. But as we reported last week on
HIPAA’s civil penalties, the threats are real and potentially career-threatening.
The same is true for licensure – particularly for those who work across state lines.
Over the past couple of years, the topic of multistate licensure has been at the center of attention within the realms of nursing and care management. (Carol Smith covered the topic
here and
here in past issues of
Case In Point.) And it continues to exist on the forefront of policymakers’ to-do lists, as it received the support of a
presidential initiative in January calling for expanded licensing reciprocity.
The presidential
initiative, which focuses primarily on military healthcare, calls for key federal departments to install programs and policy that will
“accelerat[e] efforts to bring down professional licensing barriers to promote competitive career advancement across states.”
According to Ellen Fink-Samnick, an expert in ethics and regulatory issues who will speak at the
Dorland Health Leadership Summit on May 11, the crossing of state lines is a prevalent – and often unheeded – breach of practice. “Many case managers are licensed in one state but are intervening with clients across five states. And employers say, ‘That’s OK,’” she says. “That story gets played out over and over again.”
The hope is that the recent attention from the White House, as well as the work of the
state boards of nursing, will put an end to dangerous professional situations. “The president is asking states to reduce or eliminate the barriers between state-to-state practice,” says Lynn Muller, partner of Muller & Muller who will appear with Fink-Samnick at the
Leadership Summit.
In the meantime, what can you, as a professional, do to safeguard yourself against a breach in practice and the legal trouble that could ensue? Fink-Samnick offers five strategies to protect your livelihood and yourself.
- Call your certifying body. Do you want to know if you can work with a patient halfway across the country? Do you want to know what legal protection is offered you in your professional duties? Check in with your certifying body, advises Fink-Samnick. “They are the holder of the certifications and they’re very responsive to their certificants,” she says.
- Get educated. Educational offerings can keep you up to speed on the legal, ethical and regulatory issues that affect your practice. Fink-Samnick recommends conferences, webinars and even public forums as avenues of education.
- Connect with colleagues. Your colleagues and industry experts are terrific resources for best-practices, including legal practices. Connecting and networking with others in your industry creates a fertile ground for collaboration and a cohesive practice environment. “There’s power in knowledge, and there’s power in people getting together to collaborate,” says Fink-Samnick.
- Trust your gut. If you have a feeling that you’re engaging in a practice that the industry may consider unethical – or illegal – don’t ignore it. You could be putting your job at risk.
- Advocate for yourself. It is a normal part of the job to work across state lines, and many employers ask you to do so – often illegally. If you are unlawfully working across state lines or if you suspect that you are, take it upon yourself to stand up for your legal rights. Your employer should have safeguards in place to protect you – it is up to you to make sure that they do.
Learn more about the Leadership Summit. Or read about the presentation Legal and Ethical Challenges for Today's Case Managers.
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Carol K Smith, RN-BC, MSN