In Badri v. Huron Hospital, which is part of the Cleveland Clinic Health System, the District Court for the Northern District of Ohio granted summary judgment to the defendant hospital in which Dr. Badri was alleging violations of the Americans with Disabilities Act, the Rehabilitation Act, and the typical emotional distress, tortuous interference, defamation
Credentialing and Peer Review
Joint Commission Approves MS.01.01.01 effective March 31,2011
By Michael Cassidy on
Posted in Credentialing and Peer Review
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NAMSS announces the following: TJC Board of Commissioners Approves MS.01.01.01 Posted: 15 Mar 2010 11:40 AM PDT Chuck Mowll, Executive Vice President of Business Development and Government and External Relations, has announced that The Joint Commissioner’s (TJC) Board of Commissioners has approved the Task Force revision of MS.01.01.01 (formerly MS.1.20) for implementation. MS.01.01.01 will be |
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Medical Staff Bylaws as Contracts in Georgia
By Michael Cassidy on
Posted in Credentialing and Peer Review
Maria Danaher and Ogletree Deakins have posted an article on a medical staff discrimination case that focuses on the contractual requiremants and the medical staff bylaws issue at http://www.employmentlawmatters.net/. Not only does it raise the issue of the 1981 requriements, but also how Georgia views medical staff bylaws.
Tennessee Appellate Court Allows Termination of Privileges for Bylaws Violation
By Michael Cassidy on
Posted in Credentialing and Peer Review
In Patterson v. Methodist Health Care-Memphis Hospitals, the Tennessee Court of Appeals affirmed an order of summary judgment, allowing a Tennessee hospital to terminate the medical staff membership and clinical privileges of two physicians for a breach of contract. The contract was established by the medical staff bylaws, which required a certain level of continuous…
Hospital Uses After-Acquired Evidence to Support Summary Suspension of Physician
By Michael Cassidy on
Posted in Credentialing and Peer Review
Dr. Gary Ritten was a medical staff member at Lapeer Regional Medical Center in Indiana. He was summarily suspended in September 2005, allegedly in retaliation for refusing to transfer a patient who had not been stabilized as required by EMTALA. The suspension was initially rescinded by the Medical Executive Committee, although it was reinstated by the hospital’s…
New Data Bank Regulations Implement Social Security Act §1921 – MMPPA §5(h)
By Michael Cassidy on
Posted in Credentialing and Peer Review
New Data Bank Regulations Implement
Social Security Act §1921 – MMPPA §5(h)
The Medicare and Medicaid Program Protection Act (MMPPA) added Soc. Sec. §1921. This law expanded state licensure reporting obligations to match those already in place for the Healthcare Integrity and Protection Data Bank (HIPDB), which became active in 1999. These regulations will make reporting …
HCQIA Immunity: Perfect Investigations and Furthering Self-Quality Health Care
By Michael Cassidy on
Posted in Credentialing and Peer Review
The case of Cowell v. Good Samaritan Community Health Care, a state court case in Washington, provides guidance on two of the four elements of HCQIA immunity, i.e. that the action was reasonably taken in the furtherance of quality health care and the necessary substance to establish a reasonable investigation.
Dr. Cowell raised an…
Hospital Bears Burden of Proving Peer Review Privilege
By Michael Cassidy on
Posted in Credentialing and Peer Review
In Bansal vs. Mount Carmel Health Systems, Inc., an Ohio state appellate court ruled that the hospital had failed to prove that documents were protected by Ohio’s statutory peer review privilege (Ohio Rev. Code § 2305.25), and reversed a trial court summary judgment decision. Dr. Girraj K. Bansal was removed from the hospital’s call schedule, and…
Peer Review Confidentiality Impacted by Forum Shopping
By Michael Cassidy on
Posted in Credentialing and Peer Review
In Kentucky, common law president permits discovery of peer review documents. Ohio Rev. Code § 2305.252 protects peer review discovery.
In Saleba v. Schrand, the estate of a Kentucky resident sued an Ohio physician and Good Samaritan Hospital, located in Cincinnati, Ohio, in Kentucky based upon the results of medical services performed in Ohio. The Kentucky…
Montana Physician Obtains Injunction Preventing National Practitioner Data Bank Report
By Michael Cassidy on
Posted in Credentialing and Peer Review
The Montana Supreme Court held in John Doe, M.D. v. Community Medical Center that the Health Care Quality Improvement Act (HCQIA) does not preempt state law regarding injunction and breach of contract, thereby allowing the lower court to issue an injunction against Community Medical Center prohibiting it from issuing a Data Bank report regarding the…