Take Control of Your Medical Staff Hearing Process


Audio Conferences
		Disruptive Behavior and the Joint Commission's Sentinel Event Alert Effective Performance Improvement Plans
Audio CDs/MP3s
	AHP Potpourri Board Conflicts of Interest The "Borderline" Physician: Managing Performance Improvement for Those Who Can Improve (and Building the Legal Record for Those Who Can't) Charity Care Class Action Lawsuits Clinical Privileges: Tough Issues and Solutions CMS Clarification on Hospital Privileging CMS Issues Final Rule on 4 CoPs CMS: The New Guidelines for Informed Consent - Process, Policies and Forms Community Need for Physicians: How to Analyze, Prove and Document It Conduct Outside the Hospital: Are You Your Brother's Keeper? Conflicts of Interest on the Medical Staff Contracting and Credentialing: Bridge the Gap or Pay the Piper Corporate Bylaws: When Was the Last Time You Looked Yours Over? Credentialing and Medical Staff Records - Access, Control and Confidentiality Credentialing and Privileging Teleradiologists The Credentialing Process: Who is Slipping Through the Cracks? Credentialing the Aging Physician Credentialing Verification in the Trenches Criminal Background Checks for Physicians Deferred Compensation for ER Call Employing Physicians Series EMTALA and On-Call: Important New Changes EMTALA: The Final Rule and Regulations EMTALA Guidelines EMTALA Investigations: How to Survive Excess Benefit Transactions Exclusive Contracts - Strategies to Deal with the Shortage of Doctors Executive Compensation in IRS Crosshairs Fair Market Value The Feds Are Coming – Do You Know Where Your Physician Contracts Are? Forgoing Life Sustaining Treatment Fraud, Abuse & the OIG: A Look Back — A Look Ahead Free Speech or Disruptive Behavior? The FTC's Evanston Decision - Are Mergers Still OK? HIPAA and Credentialing HIPAA - Everything You Ever Wanted To Know — And Weren't Afraid to Ask HIPAA Investigations and Enforcement HIPAA Security Regulations Hospitalists: The Who, What and How The "Independent" Medical Staff – What Would It Really Mean? Investigations and Hearings — Should You Follow Your Bylaws? Maybe Not! IRS Final Form 990 The IRS is Watching YOU – Part I: Good Governance Practices for 501(c)(3) Organizations The IRS is Watching YOU – Part II: Exempt Organizations Executive Compensation Compliance Project Report It's Never Too Late for an Amicable Resolution — Alternatives that Can Protect Patients and Save a Career Joint Venture Series The Kadlec Appeal – Decision Against Hospital Reversed! The Limited English Proficiency Rules Low and No Volume Practitioners Malpractice Claims and Your Credentialing Process Malpractice Insurance Premiums: Helping Your Doctors Pay Managing the Disruptive or Difficult Patient Medical Ethical Issues - Right Choices, Legal Answers Medical Record Deficiencies: Practical Solutions to a Persistent Problem Medical Staff Integration Models for a Sustainable Future Medicare Physician Supervision and "Incident-to" Billing: What are the Rules? New MS.1.20: Stay the Course or Jump Ship? Must Hospitals Train Their Staffs to Bite the Hand that Feeds Them? Nonprofit Governance Audio Series: Legal Compliance and Public Disclosure Effective Governance Practices Financial Management and Fundraising On-Call Audit & EMTALA Update On-Call Problems and Solutions The Organized Medical Staff & Joint Commission Compliance:: Real Life Issues, Practical Solutions Panel on Nonprofit Sector Announces Principles for Good Governance and Ethical Practice Patient Complaints and Grievances – Time to Take Them Seriously Patient Safety and Quality Improvement Act: Proposed Regulations Paying for On-Call Services - the OIG Speaks Physician Behavior Physician Recruitment and Retention After Stark III Poliner: Court Upholds Jury's Findings Practical Solutions to Your Toughest On-Call Problems Practical Tips for Developing Medical Staff Leaders Precautionary Suspensions are to Protect Patients A Primer on Preemption: Incorporating State Privacy Laws into Your HIPAA Compliance Plan Protecting Peer Review Information Quality/Performance Improvement & Peer Review Best Practices Reconciling Conflicting Financial Interests of Physicians & Hospitals Recruitment Before Credentialing: What Were You Thinking? Resignation of Privileges to Avoid On Call Responsibilities Self-Disclosure & Government Investigation Sexual Harassment - It's Not Going Away! Does "Sham" Peer Review Really Happen? Sizzlin' Hot Credentialing Issues Specialty Hospitals and Gainsharing Alert! Stark 3.5? Proposed Changes in Inpatient Prospective Payment Rules Stark 2.5 - the Party's Over Stark Phase III Regulations ... They're he-e-e-e-e-e-re! Stark: Software/New Stark and Antikickback Rules Stark Violations in Your Medical Staff Office? Strategies to Address Medical Records Violations Take Control of Your Medical Staff Hearing Process Tax-Exempt Hospitals and Politics: Survival Guide for the Election Year Teleradiologists: Credentialing and Privileging Temporary & Locum Tenens Privileges Unanticipated Outcomes Disclosure and Medical Error Reporting

Take Control of Your Medical Staff Hearing Process Audio CD
Recorded November 17, 2006

Faculty: Barbara Blackmond & Susan Lapenta

What happens at hearings today?

Often, the physician under review hires a criminal defense attorney or a litigator, who demands "discovery," objects to the hearing panel members, attacks the motives of everyone involved, and, in general, tries to make miserable the lives of all connected with the peer review proceeding. The goal seems to be to intimidate the medical staff leaders in the hope that they will back down from their recommendation. These tactics are rarely successful. But even when medical staff leaders "win," they can be so demoralized that they are reluctant to take any action in the future.

A hearing should provide a reasonable opportunity for the physician under review to address the concerns that prompted the recommendation and to challenge the basis for it. It should be a chance for the physician to create a complete record so that the Board will have all the relevant information necessary to make a final decision that is in the best interests of patient care.

Why have hearings gone so far astray, with weeks of testimony, procedural diversions, and harassment of witnesses? More importantly, what steps can a hospital and its medical staff take to regain control over the hearing process?

Presenters Barbara and Susan have represented medical staff leaders and acted as hearing officers in numerous hearings involving both clinical competence and behavioral issues. They discuss strategies for:

Preparing the record, including documentation of progressive steps to address problems, and investigative report.
Providing adequate notice of concerns through a Statement of Reasons.
Developing a fair hearing plan that anticipates and minimizes the potential for disruptive tactics.
Preparing witnesses.
Selecting a hearing panel and a hearing officer and preparing them for their responsibilities.
Defining the information that will be shared (and not shared).
Creating a pre-hearing process that requires the exchange of documents in advance of the hearing, as well as the resolution of objections to such documents.
Limiting the role of attorneys so the physicians on the hearing panel can focus on the clinical or behavioral issues.
Limiting the number of hours for a hearing so it cannot be dragged on for months.
When settlement is better than the battle of a hearing, what to consider in settling a medical staff matter and who to involve.

Audio CD: $225

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