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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Health

Date & Time
  • event Date

    Tuesday, July 21, 2020

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will guide counsel on steps that healthcare facilities should take to minimize liability for disruptive physicians in the recruiting and credentialing processes. The panel will also discuss best practices should the healthcare provider pursue disciplinary action against a practitioner for disruptive behavior.

Faculty

Ellee Cochran
Attorney
Husch Blackwell LLP

Ms. Cochran counsels clients through a variety of state and federal regulations, including Medicare and Medicaid enrollment, Stark Law and the Anti-Kickback Statute. Her practice is unique in that she represents physicians, hospitals and managed care companies regarding regulatory compliance. Ms. Cochran enjoys learning the details of clients’ unique objectives, at times serving as outside general counsel for both small and large healthcare providers. She has broad experience representing governmental and commercial clients in Texas’ Public Information Act process before the Texas Attorney General’s Office. She also represents physicians before state licensing agencies, including the Texas Medical Board, when they face complaints or when hospital privileges may be at stake.

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Cecilia Weihe
Director and Operations Counsel, Hospital Division
Kindred Healthcare

Ms. Weihe is responsible for the regulatory compliance and oversight of 66 long-term acute care hospitals in 16 states across the nation. She joined Kindred after working in private practice as a defense attorney, specializing in medical malpractice and insurance bad faith.

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Description

Disruptive physician behavior can become a problem for healthcare facilities in the credentialing process when red flags suggest a physician's past behavior problems. It creates challenges in the peer-review process when there are allegations that a physician with staff privileges engaged in unacceptable behavior. What contractual language should be included in employment or independent contractor agreements to minimize the risk of disruptive behavior? What provisions and processes can hospitals include in the bylaws to help prevent and deal with disruptive behavior?

Physicians exhibiting disruptive behavior often defend their conduct as being done out of concern for patients. Several courts have expressly acknowledged that a physician's disruptive conduct can harm overall patient care. Further, the Joint Commission requires hospitals to address disruptive behavior by physicians and other staff members to maintain accreditation.

Counsel can guide healthcare facilities in both proactively planning and quickly reacting when dealing with a disruptive physician to minimize liability and maintain a facility's accreditation.

Listen as our authoritative panel examines the impact of disruptive physicians and what healthcare facilities can do in the recruitment, credentialing, and peer review processes to anticipate and minimize liability due to physician lawsuits, claims of poor quality of care, and claims of negligent credentialing.

Outline

  1. Disruptive physicians and behavior defined
    1. Disruptive physician vs. impaired physician (with examples)
    2. Physicians advocating for patient care
    3. Classifying disruptive behavior
  2. Credentialing process
    1. Due diligence
    2. Deterrent aspects
    3. Negligent credentialing
    4. Code of conduct
    5. Employment contract
  3. Disciplinary action
    1. Joint Commission requirements
    2. Policies and procedures/protocol for addressing disruptive physician behavior in the workplace
    3. Integrating policy in medical staff bylaws
    4. Corrective measures
    5. Peer review process
    6. ADA
    7. Reporting requirements (Data Bank, state)
  4. Best practices

Benefits

The panel will review these and other essential questions:

  • What proactive steps can a hospital take in the credentialing process to limit liability for physicians with staff privileges who are disruptive?
  • What contractual language should be included in employment agreements to minimize the risk of disruptive behavior?
  • What policies and procedures should healthcare facilities establish to address disruptive behavior by physicians?