Requesting and Disclosing Information: What You Whats a responding - - PDF document

Requesting and Disclosing Information: What You Can/Can’t Say After Kadlec

Charlotte Jefferies, J.D. Horty, Springer & Mattern

What’s a responding hospital’s duty to requesting hospital s duty to requesting hospitals and patients? Most hospitals feel some responsibility to respond forthrightly when forthrightly when receiving questionnaires

• r reference requests.

Responding truthfully (but f ll ) i h i h hi d carefully) is the right thing to do.

“Speak No Evil” has its cost. p

The Kadlec Decisions The Kadlec Decisions

Kadlec Medical Center v. Lakeview Anesthesia Assoc Anesthesia Assoc. (E.D. La. 2005)

• Dr. Berry is granted

appointment and clinical privileges at Lakeview Regional Medical Center.

• Dr. Berry is terminated

by his group.

Lakeview Anesthesia Associates

March 27, 2001 Dear Dr. Berry: As we have discussed on several occasions, you have reported to work in an impaired physical, mental and emotional state. Your impaired condition has prevented you from properly performing your duties and puts our patients at significant risk.

As we have discussed on several occasions, you have reported to work in an impaired physical, mental and emotional state. Your impaired condition has prevented you from properly performing your duties and puts our patients at significant risk.

Effective March 13, 2001, your employment with Lakeview Anesthesia Associates is terminated. Sincerely, Lakeview Anesthesia Associates

patients at significant risk. Effective March 13, 2001 your employment with Lakeview Anesthesia Associates is terminated.

• Dr. Berry requests privileges

y q p g at Kadlec Medical Center.

Lake Lakeview Regio Regional al Medica Medical Center Center October 26, 2001 To: Kadlec Medical Center

• Dr. Berry was on the Active Staff in the

field of anesthesiology at LRMC from March 4, 1997 to September 4, 2001.

No further information can be provided due to the large

• Dr. Berry was on the Active Staff

in the field of anesthesiology at LRMC from March 4, 1997 to September 4, 2001.

No further information can be provided due to the large volume of inquiries received in the office. Sincerely, Chief Executive Officer

provided due to the large volume of inquiries received in the office.

Lakeview Anesthesia Associates

Fall 2001 To: Kadlec Medical Center

• Dr. Berry is an excellent physician.
• Dr. Berry is an excellent

Sincerely, Lakeview Anesthesia Associates

y physician

A young patient at Kadlec Medical Center is injured during tubal ligation – and ends up in a PVS Kadlec settles lawsuit brought by patient’s brought by patient s family for $7.5 million Kadlec sues Lakeview Regional Medical Center and Regional Medical Center and Lake Anesthesia Assocs. Jury awarded:

• $2 million against the Medical

Center

• $2 million against members of

anesthesia group

The Judge issues a warning. The Judge issues a warning.

Kadlec Medical Center v. Lakeview Anesthesia Associates (5th Cir. 2008) The Court found that response from Lakeview Medical Center was not misleading.

Remember to check state law. Remember to check state law.

Adopt guidelines for the release of negative information that identify the factors to be considered:

• Formal adverse action
• Conditions of professional conduct

Conditions of professional conduct

• Focused review
• Performance improvement plan
• Collegial intervention (documented or

undocumented)

• Patient or staff complaints

Get specific release if

Tip

Get specific release if information is not favorable. Answer accurately

Tip

Answer accurately and factually. When You Are Called?

• Remember HCQIA

– (Immune from liability unless you knowingly provide false knowingly provide false information)

• State law protections
• Answer accurately and factually

No Adverse Peer Review Actions Request in Writing

When You Are Called?

q g Appropriate Purpose Signed Authorization & Release from Application Form

When You Are Called?

Adverse Peer Review Actions No Response UNLESS

Specific Release