AHLA Peer Review Hearing Guidebook (AHLA Members)

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Book + CD :Softbound with CD-ROM, 200 Pages
2nd Edition
ISBN: 9781422489710
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ISBN: 9780769887661
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ISBN: 9780769887661
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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. Secure the latest edition now and be sure you are completely up to date on:

•  New Joint Commission Standards, particularly MS.01.01.01 medical staff bylaw requirements
•  The latest 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:

•  NEW 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.

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, and peer review and disciplinary proceedings.


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Authors / Contributors

Table of Contents

Table of Contents

Preface

About the Authors

Acknowledgments

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

Appendices

Index