National Practitioner Data Bank: Hospital Reporting Obligations, Reporting Immunity, and Physician Strategies

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Health
- event Date
Wednesday, May 15, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide healthcare counsel on the National Practitioner Data Bank (NPDB) reporting obligations for hospitals. The panel will address navigating through the gray areas of reporting and examine how the courts have dealt with immunity from liability for reporting, as well as discuss the physician's perspective.
Faculty

Mr. Eades devotes his practice to medical staff governance, credentialing and peer review. As part of his practice, he regularly counsels clients on matters involving medical staff bylaws, accreditation standards, hospital licensure rules and the Medicare Conditions of Participation. Mr. Eades is routinely engaged by the firm's clients to assist with the drafting and implementation of Quality Assurance and Performance Improvement processes, peer review sharing arrangements, FPPE/OPPE processes and other medical staff policies and procedures addressing the conduct and competency of healthcare providers. Peer review confidentiality and peer review immunity are critical to effective hospital and medical staff quality review.

For over 30 years, Mr. Zarett has focused his practice on the representation of healthcare provider in state and federals courts, arbitration, and before numerous administrative bodies. He handles all phases of state disciplinary investigations and proceedings, medical staff privileges matters, and resident physician and fellow grievance matters, among others. Mr. Zarett is an adjunct professor of law at Fordham Law School, where he teaches a class in Healthcare Law and Policy.

Ms. Emanuele joined the Firm in 2022 as an Associate Attorney representing clients in both commercial and healthcare litigation. Her matters include prosecuting and defending breach of contract claims and representing medical professionals in State disciplinary (OPMC and OPD) investigations and proceedings. Ms. Emanuele was admitted to practice law in the State of New York in February 2022 and is also admitted to practice in the United States District Court of the Eastern District of New York.
Description
The NPDB was created to help improve healthcare quality and protect the public. Unfortunately, however, there are many circumstances when it is not clear whether or not a reportable event has occurred. For example, a practitioner may be reported to the NPDB if while under investigation by the health care entity for possible professional incompetence or improper professional conduct, the practitioner does not apply for renewal of medical staff appointment or clinical privileges, or does so in return for not conducting such an investigation or not taking a professional review action.
While the reportability of each event is fact-specific, it is absolutely imperative that hospitals, other health care entities, physicians, other practitioners as well as health care counsel, all understand NPDB reporting requirements and be aware of what is required by federal law and regulations.
Listen as our authoritative panel examines how the NPDB works, the reporting requirements, and processes. The panel will also address immunity for reporting, disputing a report, and what remedies are available for physicians.
Outline
- NPDB reporting requirements and processes for hospitals
- NPDB guidance
- How to dispute a report, physician subject statements, and other physician strategies to deal with reporting
Benefits
The panel will review these and other relevant issues:
- What steps counsel can take to ensure compliance when dealing with a reporting "gray area";
- What steps a physician can take to respond to or dispute a Data Bank report; and
- How a physician can mitigate the effects of an adverse Data Bank report.
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