Peer Review

News & Analysis as of

NLRB: Peer Review Obligations Trumped by NLRA

On August 27, 2015, the National Labor Relations Board (“NLRB”) held that a Kansas hospital must afford an employee Weingarten rights before a nursing Peer Review Committee, allow the union access to peer review documents and...more

Judicial Internet Research: Dr. Posner Faces Peer Review

Last month, we wrote about the Seventh Circuit’s decision in Rowe v. Gibson, No. 14-3316 (Aug. 19, 2015), a decision written by Judge Richard Posner that created considerable controversy regarding the propriety of internet...more

NLRB: Nurses Entitled to Union Representation at Peer Review Meeting

The NLRB, in an August 27, 2015, decision, held that two nurses who were requested to voluntarily appear before a hospital’s Nursing Peer Review Committee were entitled to have their union representatives attend the peer...more

IAIS launches solvency assessments

IAIS has launched a thematic self assessment and peer review on solvency and solvency related issues. The deadline for submission is 6 October 2015....more

IOSCO publishes incentive alignment recommendations report

IOSCO has published its final report on the peer review of implementation of Incentive Alignment Recommendations for securitisation. The review finds that there has been significant but mixed progress in implementing the...more

IOSCO publishes MMF report

IOSCO has published its final report following the peer review on supervision of money market funds (MMF). It looked at how the participating countries had implemented reforms that IOSCO recommended in 2012....more

Blue Cross of Northeastern Pennsylvania Denied Peer Review Protection

The Pennsylvania Superior Court has decided the Pennsylvania Peer Review Protection Act does not apply to alleged peer review activity conducted by Blue Cross of Northeastern Pennsylvania, because Blue Cross is not a...more

The Health Law Guide to Hospital Operations

This operations guide provides a brief look at health law issues hospitals deal with on a daily basis. While a detailed coverage of the elements, drafting, implementation and continued governance of a hospital compliance...more

The Financial Report - Volume 4, No. 16 • August 2015 (Global)

CSA proposes harmonized reporting for the exempt market. The Canadian Securities Administrators (CSA) published for comment proposed amendments to National Instrument 45-106 Prospectus Exemptions that would introduce a new...more

How Can You Safely Discuss Your IP with Others?

As discussed in our previous posts, startups are about capitalizing on ideas, contacts and experience. In the early stages of a startup or pre-startup, founders often socialize their business plan and details about their idea...more

New Developments on Interplay between Whistleblower Actions and Other Attacks on Hospital Discipline

Hospitals and their medical staffs may consider it time to dust off their bylaws, in consideration of a recent legal development in a peer review proceeding. Last year, the California Supreme Court held that Mark T....more

“New Jersey’s Patient Safety Act and Statutory Peer Review Privilege”

The discoverability of documents created by medical institutions during the peer review process has long been the subject of conflict between parties in litigation. Often times the disputed documents contain information that...more

Peer Review Privilege: Facts vs. Conclusions

All states have some degree of confidentiality protection for peer review activities and the information generated by those activities, and there is additional federal protection for information gathered and created by...more

Bridging the Week - March 2015

Europe and US Receive Good Grades for PFMI Implementation; Japan Receives the Best Grade - Regulators in the European Union, Japan and the United States have made “good progress” in implementing the Principles of...more

Peer Review Concludes with Termination of Reviewer

You read that correctly: the hospital fired the physician who did the reviewing in a medical staff peer review proceeding. Hospital executives present at the proceeding felt the reviewing physician was too harsh in...more

Report by House Natural Resources Committee Highlights Shortcomings in Use of Peer Review Science by U.S. Fish and Wildlife...

On December 15, 2014, the House Natural Resources Committee majority staff published a report titled “Under the Microscope: An examination of the questionable science and lack of independent peer review in Endangered Species...more

Rip Van Winkle Fails in Effort to Enjoin Peer Review Process

Okay, it wasn’t really Rip Van Winkle. Rip slept for only twenty years. It was Dr. Legrand Belnap who sued a Salt Lake City hospital and its medical executive committee members. ...more

California Publishes Two Statutorily Mandated Studies on Fracking and Other Oil and Gas Stimulation Methods

On January 14, 2015, the State of California released two anticipated studies concerning hydraulic fracturing, also known as “fracking,” in California pursuant to Senate Bill 4 (SB 4) enacted in 2013. The California Natural...more

Pennsylvania Superior Court Rejects Peer Review Confidential for “Business Records”

In Kates v. Doylestown Hospital, the Pennsylvania Superior Court, in a non-precedential decision, held back the Pennsylvania Peer Review Protection Act does not provide confidentiality protection for certain records....more

Oklahoma Legislature significantly expands peer review privilege

Oklahoma’s peer review statute provides that peer review information is private, confidential, and privileged. It encourages health care professionals to police themselves by evaluating their peers. It also promotes the...more

New Jersey Court Supports Peer Review Immunity for Hospital

On November 24, 2014, the New Jersey Appellate Division affirmed a lower court’s decision to dismiss a physician’s lawsuit against a hospital based on federal and state statutory immunity provisions that shield hospitals and...more

Recent Developments in PA and NJ Regarding Scope of Privilege for Health Care Facilities Engaged in Peer Reviews and Self-Critical...

Three recent cases offer guidance to health care entities in Pennsylvania and New Jersey regarding the discovery of documents created in connection with peer reviews, quality of care reviews and adverse event investigations...more

Federal Court Blasts Hospital’s Kitchen Sink Privilege Claim

Lawyers for Chicago’s Mercy Hospital found that out Monday when a federal court ruled on their claim of peer review privilege for hundreds of documents sought by the plaintiff in a malpractice case. The court blasted the...more

California Economic Development Leaders Urge Peer Review of New CEQA Guidelines

The California Economic Summit announced this week that its leaders, such as the president of the Los Angeles County Economic Development Corporation and the president of the Inland Empire Economic Partnership, have written...more

Peer Review is not always Privileged

Hospitals, ambulatory surgery centers and independent diagnostic centers cannot exist without physicians and other medical providers. In order to practice at those facilities, the medical professional often is required to be...more

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