In this presentation:

- Provide recommendations regarding best practices, bylaw provisions and other strategies to address and resolve quality and peer review issues without resorting to “investigations” and hearings.

- Discussion on what constitutes an “investigation” for Data Bank purposes

- Use of collegial intervention.

- What actions are and are not reportable to the Data Bank – when can a physician resign without a report?

- When pursuing a code of conduct/disruptive behavior pathway is more appropriate than peer review/investigation procedures.

- How to manage the peer review process and investigation stages to avoid hearings and litigation.

- Overview and recommendations regarding hearing procedures.

- Maximizing confidentiality and immunity protections under state law, HCQIA and Patient Safety Act.

- Effective use of hearing officers.

- How to select medical staff hearing representatives and hearing committee members.

- The proper role of legal counsel.

- The appropriate standard of review in hearings.

- The standards applied by the courts when reviewing peer review decisions.

- The most typical claims and defenses.

- Litigation strategies.

- Settlement strategies.