Michael Callahan, of counsel with Katten's Health Care team, will present “How to Maximize Peer Review Protections Under the Patient Safety Act and Responding to Governmental Demands for PSWP” at 1:00 p.m. (ET) on Thursday, June 4. The presentation will address the question of if providers should include peer review activities, analyses, reports and other work product in their PSES policies so as to assert the privilege protections under the Patient Safety act, as well as:

  • What to include in a PSES?
  • What to include in minutes/documentation to afford protections?
  • Who can review minutes/documentation?
  • What can be shared from the peer review and who can see it?
  • Can the peer review be used in disciplinary action?
  • Can the peer review be shared with regulatory/accrediting bodies? If yes, what is best practice? If no, how do you address requests?

The second portion of the presentation will address how a hospital and other providers who contract with a PSO respond to a demand by CMS, a state surveyor or other governmental entity for PSWP as part of a site survey or investigation. Topics will include:

  • What public statements has CMS and The Joint Commission made on whether a provider is obligated to disclose PSWP?
  • What options are available to a provider in responding to these requests?
  • How should a provider respond to a request when asserting protections under the Patient Safety Act?
  • What steps should a provider take when attempting to demonstrate compliance with QAPI and other regulatory and accreditation standards?
  • Are there any exceptions which would allow a provider to disclose PSWP to demonstrate compliance without losing the privilege protections?