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Keeping you afloat admidst the rising sea of regulations

Do Physicians Get Jury Trials in Retaliation Claims?

A recent California Supreme Court ruling could significantly impact trials of physician “whistleblower” claims under California Health & Safety Code Section 1278.5 – maybe.  

Hospitalized Medical Staff Members: Reconciling Peer Review and HIPAA

Last week, Health Care partner Lowell C. Brown and associate Jade M. Kelly published an article in Bloomberg BNA’s Health Law Report that examines what hospital and medical staff leaders should do when a staff member is hospitalized with signs of impairment.

Recent Minnesota Supreme Court Decision Regarding Medical Staff Rights and Bylaws Raises Interesting Issues, But Does Not Affect California Law

Medical Staff and medical center leaders, and those who advise them, often view the Medical Staff Bylaws as Holy Writ, or very close thereto. When the Bylaws specifically and directly speak, for example, in matters of credentialing criteria, peer review processes, and Medical Staff hearing procedures, the pronouncements are not viewed as suggestions or hints. Rather, the Medical Staff Bylaws set forth requirements.

Will the Division of Practitioner Data Bank’s Recent Report Lead to National Practitioner Data Bank Changes?

For almost 30 years, hospitals and certain other health care organizations have been required to report to the National Practitioner Data Bank (NPDB) specified “adverse actions” regarding  physicians and dentists that they employ, contract with, or have on staff.

Michalski v. Scripps Mercy Hospital: A Win for Both Peer Reviewers and Hospital Boards

Earlier this month, Arent Fox Health Care partner Lowell C. Brown  published an article in California Healthcare News that provides insight into a key peer review case involving legal principles and individual behaviors that provide critical lessons for hospitals.