Healthcare Law Briefs
March 19, 2004
Credentialing News:
Exclusive Credentialing Developments
1.
Idaho:
Four physicians whose privileges were terminated pursuant to a
loyalty-based medical staffing plan have sought a preliminary injunction
to enjoin HCA, Inc. from terminating their privileges at Eastern Idaho
Regional Medical Center in Idaho Falls, Idaho. (Biddulph v. HCA,
Inc., Idaho Dist. Ct., No. CV-04-1219)
2.
Ohio:
Seventeen physicians who sought a temporary restraining order
prohibiting termination of their privileges predicated upon investment
in a competing specialty hospital (i.e. New Albany Surgical Hospital in
Columbus, Ohio) voluntarily dismissed their lawsuit. (Berasi v. Ohio
Health Corp., Ohio Ct. C.P., No. 04CVA-2406). The Hospital claims
this vindicates its right to adopt conflict-of-interest protective
policies.
3.
Kentucky Court Defines "Investigation" for HCQIA
Reporting: A cardiologist
who resigned his clinical privileges sought a declaratory judgment in a
Kentucky court for the purpose of establishing that he had not resigned
while under investigation for HCQIA Data Bank reporting purposes.
Although there is no statutory definition of being "under investigation"
the Court found that the guidance issued by the Data Bank justified the
hospital's reporting of the resignation because the hospital's action
was a hospital service focused upon the physician for issues of
professional competence. (Omar v. Jewish Hospital Healthcare
Services, Inc., Ky. Ct. App. No. 2003-CA-000255-MR).
4.
Federal Court Declines to View Exclusive
Credentialing Policy as a Federal Anti-Kickback Issue:
A deferral district court dismissed a claim in federal court seeking to
enjoin the enforcement of medical staff policy limiting medical staff
membership in conflict-of-interest situations. The court declined to
exercise federal jurisdiction on the basis that no federal issue was
presented. Murphy v. Baptist Health, E.D. Ark. No. 4-04-112.
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>For more information about the
topics presented in this newsletter please contact one of the
Healthcare
Attorneys:
Read
the December 2003 issue of our HEALTHCARE
NEWSLETTER.
 Tucker Arensberg,
P.C.
1500 One PPG
Place Pittsburgh, PA 15222 412/566-1212
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