By Eli Walsh. Bay City News
Permanent Kaiser mental health workers as well as nurses in their fifth week of strike for better working conditions have asked state regulators to prevent the health care provider from using temporary replacement workers who, they say, could postpone patient care during the strike.
The National Union of Healthcare Workers ? NUHW? filed a complaint with the state Department of Managed Health Care on behalf of striking employees Friday, arguing that Kaiser planned to temporarily hire unqualified licensed vocational nurses during the strike.
Current state law requires health care providers to offer a follow-up mental health therapy session within 10 business days of an initial session, unless a licensed therapist determines that a longer waiting time between sessions would not harm the patient.
Kaiser's temporary workers, according to the complaint, would be tasked with determining whether patients require a follow-up therapy session within 10 days of their initial session. The NUHW argued that doing so would violate state law.
"It's time for the state to do its job and enforce the law so that Kaiser Permanente patients are not unfairly denied the mental health care they need," NUHW President Sal Rosselli said in a statement.
More than 2,000 therapists, psychologists, social workers and addiction counselors have picketed Kaiser locations in the Bay Area since Aug. 15, when NUHW said labor talks deteriorated.
According to the union, workers accepted a wage structure offer from Kaiser management, but the health care provider refused to accept proposals that required more staff and reduced wait times for appointments.
Kaiser Permanente called the strike "unnecessary" in a statement and suggested NUHW is pressuring workers to picket and "make mischaracterized or unfounded accusations."
Kaiser also argued that nurses and physicians who are working temporarily during the strike have done so on short notice and solely in an effort to ensure that patient care is not disrupted.
"Contrary to NUHW's allegations, nurses do not provide clinical assessments or make appointments, and they do not make any judgments regarding care that has already been provided," Kaiser said of the temporary workers. "Only our licensed behavioral health clinical experts review patient care, assess what is needed for the patient and work to provide the care."
Union and Kaiser officials are expected to resume bargaining talks on Wednesday.
Until then, workers are expected to strike at medical centers in San Francisco, Oakland, Santa Clara, Santa Rosa, Vallejo and Walnut Creek from 8 am to 3 pm The strike will continue until the two sides reach a new bargaining agreement, according to the NUHW.
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