Disruptive, Aged & Impaired Physicians Legal Updates

Katten Muchin Rosenman LLP
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In This Presentation:

- What is Disruptive/Impaired Behavior?

- Main Impediments to Addressing Unprofessional Behavior

- Components of Successful Policies

- A Legal Perspective

- Joint Commission and Bylaw Standards

- Data Bank and State Reporting Requirements

- Negligent Credentialing/Malpractice Issues

- Confidentiality Issues

- HR Employment Issues

- After Care Issues

- Responses to Third Party Inquiries

- LEGAL UPDATE: Final Medicare Medical Staff Conditions of Participation: What Should be in your Bylaws

- Areas To Be Covered

- Hospital Governing Board

- Hospital Medical Staff - Membership

- Hospital Medical Staff – Unified Integrated Staff

- Ordering Outpatient Services

- Resource List

- LEGAL UPDATE:Tibbs v. Bunnell

- THE NEW NPDB GUIDEBOOK

- NPDB Background

- Hospital Obligation to Query

- Eligible Entities that Report to and Query the NPDB

- Reporting Requirements and Query Access

- Hospital Obligation to Query

- What if Hospital Fails to Query?

- Centralized Credentialing

- Delegated Credentialing

- Time Frame for Reporting

- Types of Reports

- Narrative Descriptions

- Reporting Adverse Clinical Privileges Actions

- When Are The Actions Reportable?

- Withdrawal of Applications

- Investigations

- Summary Suspensions

- Proctoring/Monitoring/Mandatory Consultations

- Sanctions for Failing to Report

- Excerpt from HR Employment Issues:

- Need to compare “disruptive behavior” and “impaired physician” standards as applied to employed physicians and other hospital employees to those applied to independent medical staff members.

- It is fairly common to see employed physicians held to a higher or different standard then independent physicians.

- Process for dealing with disruptive behavior of employed physician also can be different and remedial measures can be imposed with less process and terminations imposed more quickly.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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