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 … Continue Reading
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 … Continue Reading
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 the … Continue Reading
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 … Continue Reading
