GINA: WHAT EMPLOYERS AND PROVIDERS MUST KNOW

By Gwen Simons, Esq, PT, OCS, FAAOMPT
and Erin Moore, Esq.

By now you’ve probably heard about GINA, but do you really know how it affects you as an employer or health care provider? What changes must you make to your policies and procedures or the services you offer? Employers, do you know if the service providers you are using put you at risk?

The EEOC promulgated rules under the Genetic Information Nondiscrimination Act of 2008 (GINA) that went into effect in January. GINA prohibits employers from using genetic information in employment decision-making and restricts employers from requesting, requiring, or purchasing genetic information. Health care providers are prohibited from sharing such information even if it is collected in a legally requested physical exam, post-offer screening, Functional Capacity Evaluation (FCE) or other medical screening.

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LEGAL UPDATE: ADA CASE HAS ACTION OUTCOME:

Part One: Jewel-Osco parent Supervalu Inc. has agreed to pay $3.2 million to settle a federal lawsuit claiming the company discriminated against disabled employees.

The suit, filed by the U.S. Equal Employment Opportunity Commission, alleged Jewel-Osco had fired employees with disabilities at the end of medical leaves rather than bringing them back to work with reasonable accommodations. The settlement does not constitute an admission of liability by the company, and as reported by the Sun Times. Supervalu denied any wrongdoing. Moreover, the Company issued its own statement, affirmatively expressing its commitment to hire and accommodate individuals with disabilities. According to Supervalu, it chose to settle the case to avoid litigation costs and put the matter behind the Company so that it could focus on current business initiatives

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DSI JOB FUNCTION MATCHING ® BECOMES A REGISTERED TRADEMARK

DSI is pleased to announce that it has received a registration for its trademark of Job Function Matching ® from the US Patent and Trademark Office. It also has previously received copyrights for its forms, formats and manual of DSI Job Function Matching.

Since DSI Job Function Matching has been mentioned in a national award, and since employers, medical providers, case managers and insurers are using Job Function Matching®, the legal registration adds to the credibility of the process and its description. DSI providers are found throughout the United States and they are able to do Job Function Matching® for their referrers. DSI Job Function Matching uses objective information on the job, uses testing workers against the job demands, and provides scores to medical providers and employers. JFM allows them to place people at work at hire or back to work after an illness or injury. Because it also has a "matching" component, job modifications are identified that allow a worker to do an essential function in a modified manner. This assists supervisors in knowing exactly how easy it is to modify a job. It allows Human Resources departments to have information on the interactive process for accommodation if a worker has a disability.

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THE COST OF INADEQUATE DISABILITY MANAGEMENT

By Mary Harris, MS,CRC

In the first of a two part article on disability management in the workplace, we will take a look at what a lack of disability management means for us all. According to their 2006 guidelines, The American College of Occupational and Environmental Medicine states that “Unnecessary prolonged work absence can cause needless and significant harm to a person’s well-being.” This statement doesn’t only apply to the employee; it includes the employer, the workplace, our communities and ultimately our country. Why return to work (RTW): Employees currently not working Workers are not employed suffer from more than just a lack of a job. They have higher rates of poor general health and psychological disorders resulting from:

• Isolation
• Financial consequences of being out of work
• Strained family relationships
• Administrative red tape and bureaucracy nightmares
• Decreased physical activity, overeating and other neglectful health behaviors

The reasons for a general decline in both physical and mental health start because the employee is now isolated and unoccupied, with ample time to focus on pain, worry about their future, and stress over the hassles that are common in disability benefits systems. In addition to what the employee suffers, families become strained as there is often a reduction in the financial and household contributions the employee made while working. Oftentimes, this can all lead to self-medicating anxieties and frustrations with food, alcohol or other harmful substances. Medication addictions don’t just happen to the stars like Michael Jackson and Anna Nicole. It happens to everyday people as well, and in alarming numbers

Why RTW: Benefits for employees returning to work

Under the right conditions, work can be seen as therapeutic:

• It provides a distraction from past negatives and allows a positive focus
• It gives a sense of identity and contribution
• It provides a sense of normalcy
• It also helps prevent many of the long term issues such as poor health habits and addiction to medications
• It provides income for the worker and family

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WELCOME NEW DSI PROVIDERS in DSI JOB FUNCTION MATCHING AND FUNCTIONAL CAPACITY ASSESSMENT

All new and current DSI providers can be accessed
with the following link: View DSI providers

New providers
Performance Rehab, LLC, Overland Park, KS
Piedmont Medical Center, Rock Hill, SC
Sanford Canby Medical Services, Canby, MN
West Physical Therapy, Geneva, IL
West Physical Therapy, Sugar Grove, IL
WorkSmart Physical Therapy, LLC, Rochester, MN