Patient Safety Organizations: Confidentiality and Privilege Challenges
Navigating HIPAA Compliance, Peer Review, and Reporting Requirements
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Thursday, December 10, 2009
Recorded event now available
This CLE seminar will examine privilege and confidentiality concerns triggered by the use of patient safety organizations for counsel to healthcare providers and offer strategies for protecting the privilege when utilizing PSOs.
Description
Patient Safety Organizations (PSOs) regulations were implemented this year to encourage healthcare providers to collect and voluntarily report patient care data and incidents related to patient safety events, medical errors, and other similar information, which make up patient safety work product (PSWP).
PSWP is deemed confidential and privileged once reported to a PSO. Further, such information cannot be used in disciplinary proceedings against a physician. Healthcare providers and their counsel must carefully structure patient safety evaluation systems (PSES) as to what is collected and reported.
Healthcare providers and PSOs must also be aware of the HIPAA privacy and security implications inherent in the arrangement. Because PSOs are business associates under the American Recovery and Reinvestment Act of 2009, they must comply with HIPAA.
Listen as our authoritative panel of healthcare attorneys discusses PSOs, the privilege issues associated with PSOs and their limitations, the interaction with HIPAA and peer review, and best practices for navigating the privileges, protections and reporting requirements.
Outline
- Overview of PSOs
- Patient Safety Rule
- Patient safety evaluation system (PSES)
- Required disclosures
- Patient safety work product (PSWP)
- Defined
- Privilege
- Exceptions
- Withdrawing collected information
- Interaction with HIPAA
- HIPAA privacy regulations
- HITECH business associates
- PSOs and peer review
- State peer review protections
- PSO protections for state peer review activities
- Best practices
- Structuring PSES
- Bylaws
- Maximizing protection
Benefits
The panel will review these and other key questions:
- When is information provided to the PSO subject to disclosure?
- How does HIPAA impact PSOs and of which requirements must providers and PSOs be aware?
- What steps can healthcare providers take to maximize protection of privileged information?
Faculty
Anne M. Murphy,
Partner
Holland & Knight, Chicago
Her practice focuses on resolution of complex regulatory, compliance, legal risk management, corporate governance and transactional matters, on behalf of healthcare and life sciences industry clients. She counsels clients on multi-faceted legal issues, including matters such as change of ownership/acquisition, patient safety program implementation, and corporate compliance program implementation.
Janice A. Anderson,
Partner
Polsinelli Shughart, Chicago
She focuses on corporate healthcare and transactional law, including mergers and acquisitions, hospital/physician joint ventures, physician relationships and contracting. She advises clients in the development of healthcare business structures to achieve strategic goals and has expertise in structuring hospital/physician alignment strategies to improve the quality and cost effectiveness of care.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
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Pre-approved for self-study credit in: AK, AZ, MO, MT, TX*, VT, WA.
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(*Indicates that Strafford must report attendance.)
Online CLE Audio $149.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)
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Available three business days after the live event
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plus $9.45 S&H
Available ten business days after the live event
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Available 24 hours after the live event
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Available ten business days after the live event
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Customer Reviews
The webinar was clearly presented and organized. It was a good mixture of the law and practice.
David N. Crapo
Gibbons P.C.
I liked the topic and the tools provided in the handouts.
Mildred Johnson
Texas Tech University Health Sciences Center
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Baker Manock & Jensen PC
The seminar provided good practical examples and advice plus good Q&A.
Don Weinbren
Trenam Kemker
This seminar covered a lot of territory in a short period of time. It also assumed that the attendees had a significant level of experience coming into the program, which I did.
Louis C. Long
Pietragallo
Health Law Advisory Board
Partner
Arent Fox
Partner
Faegre Baker Daniels
Member
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo
Partner
Rivkin Radler
Principal
Ober Kaler
Partner
Garfunkel Wild & Travis
Partner
McDermott Will & Emery
Donald H. Romano
Of Counsel
Foley & Lardner
Partner
Foley & Lardner
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Cozen O’Connor
Partner
Drinker Biddle & Reath
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