Peer Review Hearing Guidebook, First Edition (Non-Members)
American Health Lawyers Association; S. Allan Adelman, Esquire; Ann O'Connell, Esquire; Michael A. Cassidy, Esquire; Patricia S. Hofstra, Esquire; Steven V. Schnier, Esquire
Overview of Applicable Law: The Health Care Quality Improvement Act of 1986 (HCQIA); Immunized Participants; Standard for Professional Review Actions; Furtherance of Quality Healthcare; Adequate Notice and Hearing Procedures; Presumption of Compliance.
When Is a Hearing Required? Who Is Entitled to a Hearing? When a Hearing Is Permitted? Right to Hearing Following Summary Action.
Notice to Practitioner: Required and Optional Contents of Notice; Practitioner’s Request for a Hearing; Notice of the Hearing.
Role of Legal Counsel: Involvement of Attorneys; Attorney’s role as an Advisor or Observer; Exclusion of Attorneys from the Hearing; Right to Counsel before Hearing is Requested; Representation of Medical Staff and Hospital.
Use of Hearing Officer: Importance of Having a Hearing Officer; Selection, Role and Responsibilities of the Hearing Officer during and after the Hearing; Pre-hearing Procedures.
Composition and Selection of Hearing Committee: Size of Hearing Committee and Selection of Committee Members; Communications with Hearing Committee Members; Voir Dire and Challenges to Panel Members.
Pre-Hearing Procedures—Discovery: Scheduling; Pre-hearing Discovery and Exchange of Information; Pre-hearing Motions.
Burden of Proof and Evidentiary Standards: Different Standards for Initial Applicants vs. Discipline of Current Members; Required Evidentiary Standard; Relevance of State Medical Board Decisions Regarding the Practitioner; Evidence Related to Other Physicians; Peer Review “Privilege”; Confidentiality of Medical Records.
Making a Hearing Record: Form of the Record; Special Considerations for Public Hospitals; Public Disclosure; Applicability of State Administrative Procedure Act; Subpoena Power.
Conduct of Hearing: Right to Call, Examine, and Cross-Examine Witnesses and Present Evidence; Witness Immunity; Sequestration of Witnesses; Witness Questioning Style; Questioning by Hearing Committee Members; Closing Written Statements.
Hearing Committee Decision and Report: Hearing Officer Participation in Deliberations; Hearing Committee Report.
Proceedings After Hearing Committee Report: Copy of Report and Notice Provided to Practitioner; Practitioner Response to Hearing Committee Report; Review of the Hearing Committee Report by Medical Executive Committee; Appellate Review by the Governing Body; Appearance Before Appellate Review Body.
"Peer Review Hearing Guidebook is concise and practical, yet comprehensive. Whether you're serving as a hearing officer or as counsel, this book will help you do a more effective job" - William W. Horton, Haskell Slaughter Young & Rediker LLP
Peer Review Hearing Guidebook focuses on the peer review hearing process, including steps that should be taken long before a medical staff hearing is contemplated to assure that procedures are in place to facilitate an effective and fair hearing. This Guidebook discusses not only the legal issues involved in peer review hearings, but also focuses on the practical steps that can be taken to improve the peer review and hearing processes. Sample forms, checklists, Medical Staff Bylaws, and fair hearing provisions are included on the CD-ROM, and can be customized for your clients.
ABOUT THE AUTHORS
S. Allan Adelman, Esquire, (Co-Editor/Author) is a founding member of the firm of Adelman, Sheff & Smith, LLC in Annapolis, Maryland. He has been engaged exclusively in the practice of hospital and healthcare law, including the defense of medical malpractice cases, for over 30 years. Mr. Adelman is a past chair of the AHLA Credentialing and Peer Review Practice Group, was a member of the AHLA Board of Directors from 1997 to 2007, and served as President of AHLA in 2005-2006.
Ann O'Connell, Esquire, Co-Editor/Author) is a partner in the Sacramento office of Nossaman Guthner Knox Elliott, LLP. She is past chair of the American Health Lawyers Medical Staff Credentialing and Peer Review Practice Group, and is past President of the California Society of Healthcare Attorneys. Her 30 years of health law experience encompass medical staff bylaws, rules and regulations, credentialing of physicians, a nd peer review and disciplinary proceedings.
Michael A. Cassidy, Esquire, (Contributing Author) is a shareholder in the law firm of Tucker Arensberg, P.C. in Pittsburgh, Pennsylvania. Mr. Cassidy chairs the firm's Health Care Practice Group. For more than 25 years, Mr. Cassidy has devoted his practice primarily to the representation of physicians and other individual providers.
Patricia S. Hofstra, Esquire, (Contributing Author) is a partner at Duane Morris LLP in Chicago, Illinois. Ms. Hofstra advises healthcare professionals and companies in corporate, regulatory, and litigation matters. Her clients include hospitals, physicians and physician practice groups, ambulatory care centers, medical device manufacturers, and pharmaceutical companies among others.
Steven V. Schnier, Esquire, (Contributing Author) is a senior partner in the San Francisco law firm of Hanson Bridgett LLP. Mr. Schnier specializes in advising hospitals, medical staff, physicians, medical staff services professionals, ambulatory surgery centers, and physician groups on the full range of health law issues, with a focus on the intricacies of credentialing, peer review, quality improvement, and risk management.
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