Protecting Peer Review Information


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		Poliner on Appeal: What Does It Mean for Peer Review? Stark 4: The End of Joint Ventures As We Know Them? FAQ about Bylaws Series: Medical Staff Structure Credentialing Privileging Questions Medical Staff Investigations and Hearings Allied Health Professionals
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	ACGME: Incorporating ACGME General Competencies into Your Credentialing Process 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 Disruptive Behavior and the Joint Commission's Sentinel Event Alert Effective Performance Improvement Plans 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 FPPE: Practical Tips Fraud, Abuse & the OIG: A Look Back — A Look Ahead Free Speech or Disruptive Behavior? The FTC's Evanston Decision - Are Mergers Still OK? Gainsharing Exception: The Sixteen Step Program 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 Is OPPE Making You CRAZ-EEE? 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 Performance Improvement Plans 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

Protecting Peer Review Information
Audio CD/MP3
Recorded February 7, 2008

Faculty: Susan Lapenta & Phil Zarone

Has the following scenario made the rounds at your medical staff lounge? A medical staff peer review committee conducts a thorough evaluation of a popular colleague. The committee concludes that his care is substandard and makes the difficult decision to recommend that his privileges be restricted. Months later, some of the documents prepared by the peer review committee are obtained by a malpractice attorney and are used at trial. Members of the peer review committee are aghast, feeling that they have contributed to the downfall of a colleague. Physicians resign from the committee en masse, and many members of the medical staff vow never to do peer review again.

Even if this hasn't happened at your hospital, the risk of such scenarios is what keeps many physicians from engaging in the candid discussions and evaluations that are critical for good peer review. Fortunately, there are a variety of steps hospitals can take - from the mundane to the creative - to ensure that peer review information is used for its intended purpose of improving patient care.

Topics discussed in this audio CD/MP3 include:

the basics of the peer review privilege – what is privileged and who is immune?
how do you maximize the effectiveness of your state's statutory peer review privilege?
what steps need to be documented during the peer review process?
how much detail is needed in meeting minutes and other documentation?
how do you avoid waiving the peer review privilege or other applicable privileges?
what happens when the State Board wants your peer review documents?
how long must peer review documentation be retained?
can you protect your peer review documents in antitrust, EMTALA, and civil rights cases?
what are the uses - and limitations - of the attorney-client privilege and attorney work-product doctrine in protecting peer review information?
obtaining a protective order to limit the uses of any peer review information that is disclosed
does the federal Patient Safety and Quality Improvement Act of 2005 offer any hope for peer reviewers?

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