In this presentation:
* Medical Staff Bylaws are the primary governance document for the Medical Staff
* Bylaws must contain key provisions in order to comply with:
- Medicare Conditions of Participation
- Accreditation Standards
- New York State Laws
* Health Care Quality Improvement Act
* Bylaws are viewed as a “standard of care” by the courts
- Must “substantially comply” with the Bylaws in credentialing and peer review actions and fair hearings.
- A breach of the Bylaws could be viewed as a breach of contract.
- Following the Bylaws is important in order to avoid or limit liability exposure under Doctrines of Corporate Negligence and Respondeat Superior (employer/employee).
* Bylaw amendments must follow a very deliberate process and cannot be unilaterally revised by either the Medical Staff or the Board of Directors.
Please see full publication below for more information.