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Technologist Qualifications?

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  • Technologist Qualifications?

    I have talked to WC in California several times and cannot get a definitive response so I would like your opinion. I have been told both yes and no on the question.

    We have an ultrasound tech that has been off on WC for almost a year. During that year, Medicare has changed their requirements and now requires that ultrasound techs performing studies on Medicare patients be ARDMS certified. To get ARDMS certification, the technologist must have graduated from a college program. The tech on WC did not so he cannot get ARDMS certification.

    Since Medicare has changed the requirements and we do not have enough non-medicare patients to warrent keeping the tech, can we lay-off the tech when he comes back from WC? The termination is exclusively because of the requirement change.

  • #2
    As always, run it by your legal counsel as there are often other factors involved that aren't shared here that may make a difference. Based solely on what you shared, it would be legal to fire this person. You do not have to keep someone who is no longer qualified to do the job on board simply because they filed a WC claim in the past. You ceratinly can not bypass the regulations and allow someone to perform a job they are not legally qualified to perform either.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Thanks ElleMD. There are no other factors to this. The employee is an excellent tech and employee. Without the ARDMS certification, we cannot keep him as we do not have enough work to justify his salary. I had a meeting with our CEO this morning and will try to work out an agreeable separation.

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