Kadlec Reversed

WEBCAST ON CD

Sponsored by Credentialing & Peer Review Legal Insider

presented on June 4, 2008

The landmark Kadlec court ruling has been overturned!

What are the implications for your credentialing processes?

A landmark court ruling that required hospitals to disclose to another facility evidence of a prior staff member’s impairment has been overturned. On May 8 the U.S. Court of Appeals for the Fifth Circuit ruled that a healthcare facility has no duty to disclose such information to another hospital. A hospital may choose to respond to a request for credentialing data with neutral information. However, the hospital can not disclose misleading information.

Listen to HCPro's Kadlec Reversed: How To Collect and Share Credentialing Data While Avoiding Legal Risk, and learn what this new ruling means for your facility.

Although the court recently held that there was no duty to disclose, hospitals must be truthful and objective if they provide a response to another hospital’s inquiry about a past medical staff member as part of the appointment and reappointment process. Listen to this 90-minute Webcast and gain insight from medical staff and legal experts into what the recent ruling means for you, including how to avoid providing misleading information that can lead to potential liability claims.

You will also receive practical guidance and solutions, including sample reference letters and instructions for completing these documents based on real-world examples.

This program includes an expert Q&A session!

TAKE A LOOK AT THE AGENDA

1. Discussion of appellate case decision and its effects
1. Differences between the two decisions – why was trial court decision reversed
2. Lessons learned from Appellate Court – Is there a duty to disclose?
3. What impact does Kadlec have in my state?
2. Best practices for requesting and gathering information
1. Review and update current appointment/reappointment forms
2. Review key bylaw and application provisions
3. Best practices for disclosing
1. Third party inquiries
2. Questions to ask before responding
3. Responses and disclosures
4. Review sample questions and responses
4. Impact on settlements and Data Bank report
1. Settlement environment
2. Impact of Kadlec on settlements
3. Review hypothetical scenarios and sample Data Bank report language
5. Q&A

LEARNING OBJECTIVES

At the end of the program, participants will be able to:

1. Recognize how the Kadlec case has changed the legal landscape for appointment and reappointment practices
2. Identify best practices for requesting and disclosing information in the wake of Kadlec
3. Review sample questions and responses
4. Anticipate opportunities and risks that Kadlec has created for hospitals that want more accurate and complete physician information
5. Illustrate the impact Kadlec has had on managing peer review settlement negotiations and Data Bank reporting obligations

FACULTY

Michael Callahan, JD, is a senior partner in the Health Care Practice Group in the Chicago office of Katten Muchin Rosenman LLP. His national practice concentration includes the areas of hospital/physician relations, medical staff bylaws, credentialing, peer review, and regulatory compliance. He has successfully represented hospital and medical staff clients in over 100 state and federal lawsuits involving peer review disputes and heads the firm's HIPAA and compliance practice groups.

William K. Cors, MD, MMM, CMSL, is vice president of medical staff services for The Greeley Company, a division of HCPro, Inc. in Marblehead, MA. This position involves overall operational responsibility for the national medical staff consulting practice.

Who will benefit?

Medical staff leaders, credentialing committee members, medical executive committee members, hospital counsel/legal, health lawyers, risk management, medical staff professionals, credentialing coordinators, group practices

Purchase a CD of the program and view it when you can. It's also a perfect training tool for new staff or as a refresher course for veteran staff.

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