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

  1. Overview of PSOs
    1. Patient Safety Rule
    2. Patient safety evaluation system (PSES)
    3. Required disclosures
  2. Patient safety work product (PSWP)
    1. Defined
    2. Privilege
    3. Exceptions
    4. Withdrawing collected information
  3. Interaction with HIPAA
    1. HIPAA privacy regulations
    2. HITECH business associates
  4. PSOs and peer review
    1. State peer review protections
    2. PSO protections for state peer review activities
  5. Best practices
    1. Structuring PSES
    2. Bylaws
    3. 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: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX*, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $149.00
Available 24 hours after the live event

How does this work?


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.)

Webinar Download (Slide Presentation with Audio) $49.00
Available three business days after the live event

How does this work?

DVD (Slide Presentation with Audio) $49.00 plus $9.45 S&H
Available ten business days after the live event

MP3 Download (Audio Only) $49.00
Available 24 hours after the live event

How does this work?

CD (Audio Only) $49.00 plus $9.45 S&H
Available ten business days after the live event

Webinar/Teleconference

Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

Can't Attend the Live Program?

CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

More Details >

or call 1-800-926-7926

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

The program included very informative information on an important subject.

Jamie L. Webb

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

or call 1-800-926-7926

Health Law Advisory Board

Lowell C. Brown

Partner

Arent Fox

Gina M. Kastel

Partner

Faegre Baker Daniels

Karen S. Lovitch

Member

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo

David A. Manko

Partner

Rivkin Radler

John J. Miles

Principal

Ober Kaler

Gregg D. Reisman

Partner

Garfunkel Wild & Travis

J. Peter Rich

Partner

McDermott Will & Emery

Donald H. Romano

Of Counsel

Foley & Lardner

Judith A. Waltz

Partner

Foley & Lardner

John R. Washlick

Shareholder

Cozen O’Connor

Jesse A. Witten

Partner

Drinker Biddle & Reath

or call 1-800-926-7926

Our Guarantee

Strafford webinars and teleconferences are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10.