As healthcare facilities begin to collect an increasing amount of practitioner performance data to comply with regulators like The Joint Commission (formerly JCAHO) and CMS—or to use such information for initiatives like pay for performance— the risk that sensitive data could land in the wrong hands or become subject to discovery in a malpractice, negligent credentialing, or similar action also increases.

Partner Michael R. Callahan notes that too many hospitals are unnecessarily making a plaintiff’s job easier by failing to understand where the confidentiality lines are being drawn. In this special report he offers guidance and practical steps about how healthcare facilities can protect themselves by retaining the confidentiality of sensitive practitioner data to the extent possible.