Do the Right Thing — Reporting Voluntary Actions Taken While “Under Investigation” to the NPDB -

Many health care entities struggle with the dilemma of whether and when to make reports to the National Practitioner Data Bank (“NPDB”), particularly when the situations involve a physician or dentist who has voluntarily limited or otherwise ceased practicing at the hospital after quality of care or professionalism issues have arisen. In such instances, hospitals and their medical staffs must determine whether a practitioner had been “under investigation” at the time they voluntarily took a leave of absence, resigned, or otherwise restricted their clinical privileges. While the decision to report will always be fact dependent, hospitals must take into account statutory and regulatory requirements, the NPDB Guidebook, and relevant case law when deciding whether a there is a duty to report to the NPDB.