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What’s New in Health Law
Loss of Privileges/Retaliation
The United States Court of Appeals for the Sixth Circuit affirmed summary judgment in favor of a hospital in a lawsuit brought by a podiatrist who claimed unlawful retaliation (non-renewal of his lapsed staff privileges) in violation of the False Claims Act .
To read more about this and other cases, and to find out what’s new in healthcare law, visit our What’s New page
Question of the Week
We are trying to implement care guidelines for hip and knee replacements across the system. The leadership has agreed on the guidelines generally and is now discussing implementation and enforcement. They want to monitor the established metrics through the OPPE process and, if a practitioner is outside the metrics, have them automatically referred for FPPE (the matter would be referred to the Medical Staff peer review committee for further review and a determination of what collegial measures, if any, could be taken to get the practitioner into compliance). If the practitioner remains outside the metrics cutoff after 90 days, the leadership has recommended that the practitioner’s joint replacement privileges be deemed automatically relinquished for failure to comply. This method of enforcement does seem a whole lot easier than conducting an investigation and going through all of the procedures that are necessary to revoke privileges. What do you think?
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