Ever more frequently, hospitals require physicians to indemnify them as part of the credentialing process. Although the HCQIA may allow for recovery of attorneys fees arising from frivolous litigation, that is different from complete indemnification. Furthermore, in Pennsylvania, hospital licensing requirements limit hospitals’ rights in this area. I have attached a copy of the article
medical staff
New CMS Rules Reduce Role of Medical Staff
By Michael Cassidy on
Posted in Credentialing and Peer Review
The American Health Lawyers Association Regulatory Accreditation and Payment Practice Group (RAPPG) has issued an email alert regarding the issuance of a final rule by CMS intending to streamline Medicare regulatory requirements. Two aspects of that rule which are a great concern to physicians are:
- Allowing hospital systems with more than one hospital to use
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Medical Staff Application Release Bars Physician Credentialing Claim
By Michael Cassidy on
Posted in Credentialing and Peer Review
In Copeland v. MidMichigan Regional Medical Center, a Michigan State Appellate Court affirmed a trial court’s grant of summary judgment in favor of the Hospital, based upon both HCQIA immunity and a general release signed by the physician as part of the initial medical staff application process.
These releases are almost universally included in …
Physician Obtains Injunction Preserving Clinical Privileges Despite Attempted Exclusive Contract
By Michael Cassidy on
Posted in Credentialing and Peer Review
Despite the many cases acknowledging the right of hospitals to enter into exclusive contracts, there is always the issue of what happens with the existing clinical privileges and medical staff memberships of the physicians who are being replaced, assuming they are not the physicians receiving the exclusive contract. Defenders of physician rights have typically argued …