Requesting and Disclosing Information: What You What’s a responding Can/Can’t Say After Kadlec hospital’s duty to requesting hospital s duty to requesting hospitals and patients? Charlotte Jefferies, J.D. Horty, Springer & Mattern Most hospitals feel some responsibility to respond Responding truthfully (but forthrightly when forthrightly when carefully) is the right thing to do. f ll ) i h i h hi d receiving questionnaires or reference requests. “Speak No Evil” has its cost. p The Kadlec Decisions The Kadlec Decisions
Dr. Berry is granted Kadlec Medical Center v. Lakeview appointment and clinical Anesthesia Assoc Anesthesia Assoc. privileges at Lakeview (E.D. La. 2005) Regional Medical Center. Lakeview Anesthesia Associates As we have discussed on several occasions, March 27, 2001 you have reported to work in an impaired physical, mental and emotional state. Your Dear Dr. Berry: As we have discussed on several occasions, you have impaired condition has prevented you from reported to work in an impaired physical, mental and emotional state. Your impaired condition has properly performing your duties and puts our Dr. Berry is terminated prevented you from properly performing your duties and puts our patients at significant risk. patients at significant risk. patients at significant risk. by his group. Effective March 13, 2001, your employment with Lakeview Anesthesia Associates is terminated. Effective March 13, 2001 your employment with Lakeview Anesthesia Associates is Sincerely, terminated. Lakeview Anesthesia Associates Lake Lakeview Regio Regional al Medica Medical Center Center Dr. Berry was on the Active Staff in the field of anesthesiology at October 26, 2001 LRMC from March 4, 1997 to To: Kadlec Medical Center Dr. Berry was on the Active Staff in the September 4, 2001. No further information can be field of anesthesiology at LRMC from Dr. Berry requests privileges y q p g March 4, 1997 to September 4, 2001. provided due to the large provided due to the large at Kadlec Medical Center. volume of inquiries received in No further information can be provided due to the large volume of inquiries the office. received in the office. Sincerely, Chief Executive Officer
Lakeview Anesthesia Associates Fall 2001 To: Kadlec Medical Center A young patient at Kadlec Medical Center is injured Dr. Berry is an excellent y Dr. Berry is an excellent physician. during tubal ligation – and physician Sincerely, ends up in a PVS Lakeview Anesthesia Associates Kadlec settles lawsuit Kadlec sues Lakeview brought by patient’s brought by patient s Regional Medical Center and Regional Medical Center and family for $7.5 million Lake Anesthesia Assocs. Jury awarded: • $2 million against the Medical The Judge issues a warning. The Judge issues a warning. Center • $2 million against members of anesthesia group
Kadlec Medical Center v. Lakeview Anesthesia Associates (5 th Cir. 2008) Remember to check state law. Remember to check state law. The Court found that response from Lakeview Medical Center was not misleading. Adopt guidelines for the release of negative information that identify the Tip factors to be considered: • Formal adverse action Get specific release if Get specific release if • Conditions of professional conduct Conditions of professional conduct • Focused review information is not favorable. • Performance improvement plan • Collegial intervention (documented or undocumented) • Patient or staff complaints When You Are Called? Tip • Remember HCQIA – (Immune from liability unless you Answer accurately Answer accurately knowingly provide false knowingly provide false and factually. information) • State law protections • Answer accurately and factually
When You Are Called? When You Are Called? No Adverse Peer Review Actions Adverse Peer Review Actions Request in Writing q g Specific Release Appropriate Purpose No Response UNLESS Signed Authorization & Release from Application Form
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