News & Analysis as of

Hospitals Peer Review Healthcare

Holland & Hart LLP

Navigating Utah's Expanded Peer Review Privilege: A Roadmap for Healthcare Providers

Holland & Hart LLP on

The term “peer review privilege” generally refers to a discovery and evidentiary privilege that can be asserted by hospitals and other healthcare entities to protect the confidentiality of credentialing, quality improvement,...more

Nossaman LLP

When Governance and Peer Review Cross Paths: Lessons from Najibi

Nossaman LLP on

A recent unpublished California Court of Appeal decision—Najibi v. Providence Valley Service Area Community Ministry Board—illustrates real-world tensions that arise when hospital boards and medical staffs approach the same...more

Marshall Dennehey

Ohio Supreme Court Orders In Camera Review in Peer Review Privilege Dispute

Marshall Dennehey on

Stull v. Summa Health System, 177 Ohio St.3d 543, --- N.E.3d ---, 2024-Ohio-5718 - In a discovery dispute over the applicability of peer review privilege, the Ohio Supreme Court ruled that the trial court should conduct an in...more

Ward and Smith, P.A.

Navigating the National Practitioner Data Bank: A Guide for Healthcare Professionals (NPDB or Data Bank).

Ward and Smith, P.A. on

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

Nossaman LLP

Colorado’s Peer Review Privilege In Peril

Nossaman LLP on

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

Epstein Becker & Green

SCOTUS Lets National Practitioner Data Bank Safeguards Stand

Epstein Becker & Green on

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

Nossaman LLP

Peer Review or Employment? A Framework for Addressing Physician Performance Issues in Hospitals

Nossaman LLP on

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

Seyfarth Shaw LLP

Texas Lawmakers Enact New Laws Reforming Texas Medical Board Disciplinary Authority and Increasing Hospital Reporting Obligations

Seyfarth Shaw LLP on

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

Polsinelli

Med-Staff Newsletter - February 2023 | VOL 11

Polsinelli on

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

Stoel Rives - Health Law Insider®

Department of Health (“DOH”) Has Issued Material Updates to Rules Governing Coordinated Quality Improvement Program (“CQIP”)...

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

Katten Muchin Rosenman LLP

New State Appellate Court Interpretation of the Patient Safety Act Privilege Protections

Katten has prepared the following advisory on the new appellate court decision in Pennsylvania interpreting the scope of privilege protections under the Patient Safety Act and Pennsylvania’s Peer Review Protection Act (PRPA)....more

Polsinelli

NLRB: Peer Review Obligations Trumped by NLRA

Polsinelli on

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

BakerHostetler

NLRB: Nurses Entitled to Union Representation at Peer Review Meeting

BakerHostetler on

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

Tucker Arensberg, P.C.

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

Poyner Spruill LLP

The Health Law Guide to Hospital Operations

Poyner Spruill LLP on

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

Tucker Arensberg, P.C.

Peer Review Privilege: Facts vs. Conclusions

Tucker Arensberg, P.C. on

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

Faegre Drinker Biddle & Reath LLP

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

Troutman Pepper

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

Troutman Pepper on

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

Faegre Drinker Biddle & Reath LLP

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

Tucker Arensberg, P.C.

Ohio Court Reiterates Peer Review Privilege Applies Only to Formal Peer Review Actions

A Hospital in Ohio tried to prevent access to a patient incident report on the basis of Peer Review Privilege. The Hospital claimed that, since the incident report was reviewed by the Hospital Peer Review Committee, the...more

Davis Wright Tremaine LLP

California Court Clarifies Controversial Questions About Medical Staff Peer Review Decisions and the Power of Hospital Boards

Two recent California Court of Appeal opinions decide issues of first impression in the medical staff peer review arena, helping to resolve questions that have long been uncertain and controversial. In the first of the two...more

Davis Wright Tremaine LLP

Washington Supreme Court Limits Public Access to Hospital Privileging, Peer Review Documents

Public hospital districts may not disclose certain records created during closed-door meetings about hospital privileging decisions, the Washington Supreme Court recently held in Cornu-Labat v. Hospital Dist. No. 2 Grant...more

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