Patient Safety Organizations: Confidentiality and Privilege Challenges

Navigating HIPAA Compliance, Peer Review, and Reporting Requirements

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, December 10, 2009

Recorded event now available

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Program Materials

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.

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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
Anne M. Murphy

Partner
Holland & Knight

Her practice focuses on resolution of complex regulatory, compliance, legal risk management, corporate governance and...  |  Read More

Janice A. Anderson
Janice A. Anderson

Partner
Polsinelli Shughart

She focuses on corporate healthcare and transactional law, including mergers and acquisitions, hospital/physician joint...  |  Read More

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