This webinar is included in the
Health Center 360 Annual Compliance Training Subscription.

Can a plaintiff’s attorney subpoena minutes from a health center’s credentials committee and any reports by outside reviewers?  The answer to that question depends on how your state interprets “peer review privilege”—and it overwhelmingly depends on state evidentiary law, not federal law.  

Peer review privilege laws are intended to protect healthcare providers when providers engage in important discussions about improving patient care, by ensuring that those discussions remain confidential and are safeguarded from disclosure in discovery or in civil litigation. However, the degree of protection afforded to information related to the peer review process depends on a variety of factors, as peer review privilege laws differ by state and are often misunderstood by providers.  In some states, the privilege only applies to the work of committees tasked with a particular function, and, in other states, certain types of documents (such as incident reports) are altogether exempt from the protection. 

In this webinar, Feldesman partner Mindy B. Pava will address key considerations for healthcare providers responsible for oversight activities, including information on the activities that generally qualify for peer review protection.  The webinar will also focus on ensuring that your medical staff bylaws place you in the most advantageous position to qualify for the applicable peer review privilege—a step that you should take before any disputes arise.  Ms. Pava will further discuss what categories of claim the privilege can be asserted against, what procedural conditions a committee must meet to keep the privilege viable, and how broadly courts interpret potential exceptions.  

The on-demand version of this webinar will be available for purchase after the conclusion of the live webinar.