AHLA Peer Review Hearing Guidebook (AHLA Members)
Since its inception the Peer Review Hearing Guidebook has become a popular go-to source for counsel, Hearing Officers and other parties with a stake in the review process.
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Since its inception the Peer Review Hearing Guidebook has become a popular go-to source for counsel, Hearing Officers and other parties with a stake in the review process. This edition covers:
- Joint Commission Standards, particularly MS.01.01.01 medical staff bylaw requirements
- Case citations
- Whether physicians employed or contracted with the hospital should serve on hearing panels
- The right of practitioners to be represented by legal counsel during investigations
- Collaborative processes for selecting hearing panel members
- Bylaw provisions limiting the duration of hearings
- Use of electronic medical records in hearings
Comprehensive coverage includes:
- Fifty state survey
- An introduction to the applicable laws, including the federal Health Care Quality Improvement Act of 1986 (HCQIA)
- A step-by-step road map for hearing implementation of a successful peer review hearing process
- The need for proper preparation and the important role of Medical Staff Bylaws
- Who is entitled to a hearing
- What effect does summary action by the entity have on the process
- The role of the hearing officer; using an attorney as a hearing officer
- Selection and role of the hearing committee
- Pre-hearing discovery; various evidentiary standards of proof
- The importance of a hearing record
- Preparation of the final report for the Governing Committee
Step-by-step Guidance and Practical Tools
This indispensable Guidebook discusses not only the legal issues involved in peer review hearings, but also on the practical steps that can be taken to improve the peer review and hearing processes. Practice aids include:
- A Fair Hearing and Appellate Review Plan
- An investigation report
- Letters to the affected practitioners
- A Hearing Officer checklist
Sample documents are contained on a CD-ROM for easy customization.
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Published August 2013.
Table of contents
About the Authors
1 Introduction and Overview of Applicable Law
2 Bylaws Providing a Foundation for a Successful Hearing
3 Peer Review Investigations
4 When Is a Hearing Required?
5 Notice to Practitioner
6 Role of Legal Counsel
7 Use of Hearing Officer
8 Composition and Selection of Hearing Committee
9 Pre-Hearing Procedures--Discovery
10 Burden of Proof and Evidentiary Standards
11 Making a Hearing Record
12 Conduct of Hearing
13 Hearing Committee Decision and Report
14 Proceedings after Hearing Committee Report
15 Immunity for Participation and Decisions in the Peer Review Process