Poliner Decision Reversed

AUDIO CONFERENCE ON CD AND AUDIO ON-DEMAND

Sponsored by Effective Peer Review: A Practical Guide to Contemporary Design, Second Edition

presented on August 22, 2008

The landmark $377 million jury verdict against peer review participants in the 2003 Poliner case has been overturned. What does this decision mean for peer review?

The Poliner case captured the attention of hospitals, medical staffs, and physicians nationwide when a jury awarded Dr. Lawrence Poliner $377 million in damages as a result of a peer review committee’s decision to suspend his clinical privileges.

Although a trial court later reduced that amount to approximately $33 million, the case introduced complex questions and concerns about the continued availability of peer review immunity protections under the Health Care Quality Improvement Act of 1986 (HCQIA). Last month, the U.S. Court of Appeals for the Fifth Circuit overturned the jury and the trial court’s decisions and found in favor of Texas Health System and the physician defendants, concluding that the physicians who advocated for Poliner’s suspension are immune from court damages under HCQIA. As a result, Poliner will not receive any monetary award for damages. However, the questions raised by the case have not yet been answered.

Listen to HCPro's Poliner Decision Reversed: Strategies for Effective Peer Review Processes Amid Legal Uncertainty. During this 90-minute audio conference, you will learn why the appellate court reversed the multi-million dollar damage award against the hospital and physicians who suspended Dr. Poliner’s privileges and what steps the hospital needs to take to maximize its protection under HCQIA. You will also learn best practices for peer review to ensure patient safety and physician competence, provide your medical staff with performance data, and protect your facility and peer review committee from lawsuits.

TAKE A LOOK AT THE AGENDA

1. The Poliner case
1. Facts
2. Initial rulings
3. Reason for the initial ruling
4. Chilling effect the ruling had on peer review practices
2. The Poliner case reversed: The July 23, 2008 decision
1. Details of the decision
2. Sources of peer review protections
1. Health Care Quality Improvement Act (HCQIA) immunities
2. State statutes
3. Institutional confidentiality and security
3. Impact of the reversal on peer review and how to maximize immunity protections under HCQIA
3. Best practices for peer review despite judicial and legislative curve balls
1. Trends hindering effective peer review
2. Design and implement a contemporary process
3. Ten best practices for performing peer review
4. Q&A

LEARNING OBJECTIVES

Participants will be able to:

1. Recognize the mistakes the hospital and medical staff made in suspending Dr. Poliner that led to the $377 million jury verdict against the peer review participants
2. Describe why the appellate court reversed this decision and how this case can be instructive as to how to maximize a hospital's immunity protections under HCQIA
3. Design and implement a contemporary peer review process that can survive legal battles
4. Incorporate ten best practices into your peer review process

BONUS TOOLS

With participation, you will also receive the following bonus materials:

1. Sample conflict of interest policy
2. Copy of The Health Care Quality Improvement Act
3. Excerpts from HCPro’s “Performing peer review: Practical Tools for improved reliability” book
4. “The dos and don’ts of conducting fair hearings” June 2008 Medical Staff Briefing

These materials are provided with PDF links.

MEET THE SPEAKERS

Michael R. Callahan, JD, is a senior partner in the healthcare 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 more than 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, currently serves as the vice president of medical staff services for The Greeley Company. Cors is an experienced physician executive with a background that includes 15 years of clinical practice and more than 12 years of executive hospital/health system management, as well as experience as a healthcare consultant. Cors has worked extensively in all facets of medical staff affairs, operations, and development.

WHO WILL BENEFIT?

Vice president of medical affairs, peer review committee members, medical staff services professionals, medical executive committee members, chief medical officer, department chairs

AUDIO ON-DEMAND

In addition to the regular purchase option for HCPro audio conferences, we are pleased to offer another option, an audio on-demand. Audio on-demand allows you to download the program and play it back at your convenience through your computer or MP3 player. Purchase a CD or an audio on-demand of the program and listen when you can. It's also a perfect training tool for new staff or as a refresher for veteran staff.

• Audio Conferences

• Other Medical Staff Products