The Impact of Peer Review on the Legal Industry with Phillip Greer, CEO of Best Lawyers: On Record PR
FCPA Compliance Report-Episode 329, James Koukios
Few aspects of the healthcare regulatory apparatus evoke more confusion and dread for healthcare practitioners than the National Practitioner Data Bank (NPDB or Data Bank). Being reported to the Data Bank is often regarded...more
The confidentiality of medical staff peer review has long been a cornerstone of hospital operations, fostering an environment where physicians can candidly evaluate medical care without the looming specter of malpractice...more
Last month, the U.S. Supreme Court declined to review a case challenging the sufficiency of due process protections in the Health Care Quality Improvement Act (HCQIA) and National Practitioner Data Bank (NPDB), effectively...more
COVID-19 accelerated the trend of physician employment with hospitals, with recent data showing that nearly 70 percent of physicians are employed by hospitals or hospital-affiliated foundations or groups. While physician...more
On June 13, 2023, Texas Governor Greg Abbott signed a major new patient safety bill into law that is intended both to reform the disciplinary authority of the Texas Medical Board (TMB) and to better protect patients from...more
Structure of AMCs - While every AMC is unique, there are some common characteristics that many share: (1) the hospital and school are often tethered together from an organizational, governance and/or legal perspective;...more
The Pennsylvania Supreme Court issued an order and opinion on August 17 holding that medical peer review documents do not need to be generated by a “peer review committee” to be protected under the Pennsylvania Peer Review...more
The United States District Court for the Western District of Washington’s decision interpreting the Health Care Quality Improvement Act, 42 U.S.C. § 11101, et seq., (“HCQIA”), highlights specific requirements for immunity...more
The Supreme Court of Iowa recently reversed the judgment of a district court and remanded the matter with instructions to enter summary judgment in favor of Hamilton County Public Hospital, operating as Van Diest Medical...more
Deborah Palmer (“Plaintiff”), as the surviving spouse of Vance Palmer (“Mr. Palmer”), brought multiple claims against defendants Christiana Care Health Services, Inc. (“Hospital”) and neurosurgeon Bikash Bose, M.D. (“Dr....more
Many health care entities took a “set it and forget it” approach to their CQIPs once the CQIPs were approved by DOH under regulations adopted in 2006. Beginning tomorrow, such entities will need to reconsider their...more
Last week, the Pennsylvania Supreme Court announced it would address whether the Pennsylvania Peer Review Protection Act (PRPA or Act) protects documents in hospital credentialing files. This decision could significantly...more
Introduction - A recent decision by a Texas Court of Appeals reaffirms several important principles regarding the medical peer review privilege: (1) communications arguably covered by the peer review privilege need not be...more
It was a rare sight appearing before the South Carolina General Assembly during the 2012 legislative session. The South Carolina Hospital Association, the South Carolina Association for Justice (Trial Lawyers), and the South...more
In a highly unfavorable peer review decision, Leadbitter v. Keystone Anesthesia v. Petraglia, entered on February 12, 2020, a Pennsylvania state appellate court upheld an order compelling a hospital to produce the unredacted...more
With the New Year comes new medical staff leaders and a new set of growing pains. Contrary to what many of us believe, some simple steps can lessen the pain. ...more
For more than 15 years, the process of selecting a hearing officer for a medical staff peer review proceeding has been strongly influenced by the decision in Yaqub v. Salinas Valley Memorial Healthcare System 122 Cal. App....more
Natarajan addressed an important question: When may physicians who are the subject of a peer review hearing challenge the hearing officer in their cases on the ground that the hearing officer is biased? We have published a...more
The case, Natarajan v. Dignity Health, attracted keen interest as the physician’s arguments, if adopted, would likely have disqualified numerous experienced hearing officers from service in California medical staff peer...more
On May 7, 2019, the California Supreme Court heard oral arguments in Wilson v. Cable News Network, Inc., et al., where plaintiff was a producer at CNN who sued the media giant for employment discrimination, retaliation,...more
Until recently, hospital-based medical groups frequently complied with a hospital’s request to remove a physician without any restrictions. In light of a recent California Appellate Court decision, however, hospitals and...more
On May 8, 2019, the Seventh Circuit reaffirmed its test for determining employee status under federal anti-discrimination laws, holding that a physician lacked standing to bring Title VII claims against the hospital at which...more
Economy v. Sutter East Bay Hospitals (Feb. 4, 2019, A150211, A150738, A150962) __ Cal.App.5th __ [2019 WL 422346] - The California First District Court of Appeal has addressed an issue often dealt with by hospitals with...more
Any avid watcher of medical dramas would tell you that a hospital always has the ability to cut ties with any doctor who is not up to snuff. (For podcast fans we highly recommend Dr. Death.) They would tell you this is...more