MDNews - Minnesota

The formal hearing occurs before the Office of Administrative Hearings and a presiding administrative law judge, who then submits a report and recommenda- tions to the full board. After reviewing the report, the board may issue an order describing the disciplinary action against the physician, who can then appeal to the Minnesota Court of Appeals. Throughout the process, the MBMP encourages outcomes short of disciplin- ary action and/or license suspension/ revocation, as the board is statutorily encouraged to "attempt to correct improper activities and redress griev- ances through education, conference, conciliation and persuasion." 3 An informational brochure published by the MBMP states: "While the Medical [Practice] Board has the authority to sus- pend or revoke privileges, it is believed that requiring education and putting restrictions on a physician's license can solve many problems so the public is protected while maintaining valuable community resources." Effective legal representation is often the best means of encouraging the MBMP to follow this statutory directive. Reports to the National Practitioners Databank In addition, healthcare organizations are statutorily required to report any disciplinary actions taken against a physician and any malpractice settlements or awards paid because of the physician's care. 4 Further, if a licensed professional is involved in an internal investigation and learns of conduct that he/she reasonably believes constitutes grounds for disciplinary action, the licensed professional has an independent obligation to report such conduct to the board. 5 Even though board-disciplinary proceedings are a private matter between the board and the licensed physician, the healthcare organi- zation may be subpoenaed and required to provide documents, including patient records, in connection with the proceedings. The NPDB is an electronic depository listing, among other items, all payments made on behalf of physicians in connec- tion with medical liability settlements and judgments. The NPDB also tracks adverse actions against a practitioner's license, clinical privileges and profes- sional society memberships. Federal law requires that information on medical liability payments and certain adverse actions be reported to the NPDB, and failure to report may result in sanctions. The NPDB is required by law to make this information available to hospitals, state licensure boards and other health- care entities. The databank collects information and maintains reports on the following: + Adverse clinical privileges actions + Adverse professional society member- ship actions + E xc lu s io n s f r o m p a r t ic ip a t io n in a federa l or state hea lth ca re program (including Medicare and Medicaid exclusions) + Federal and state licensure and cer- tification actions + Healthcare-related criminal convic- tions and civil judgments + Medical malpractice payments + Negative actions or findings by private accreditation organizations and peer- review organizations + Other adjudicated actions or decisions As the above sections make clear, effectively conducting investigations, determining the appropriate outcome and following all mandated disclosure/ reporting requirements is especially important in the healthcare field. The stakes are often high when such issues arise involving a physician's employment and future career prospects balanced against the organization's need to ensure that the appropriate standard of patient care has been provided, or that sig- nificant behavioral issues are adequately addressed. There is no one-size-fits-all approach to take when navigating these complex issues, but the standards set forth above should provide appropriate general guidance. HIPAA and Patient Confidentiality Federal and state laws require healthcare providers to carefully guard patients' medi- cal records and private health information. HIPAA provides that "[t]he patient has the right to confidentiality of his or her medical record." 6 The Minnesota Patients' Bill of Rights also provides: "Patients shall be assured confidential treatment of their personal and medical records, and may approve or refuse their release to any individual outside the facility." 7 When these rights are violated, significant legal issues arise. Future articles will explore the param- eters of the patient-privacy mandate more broadly and address difficult issues when disclosure of this information is neces- sary to defend against allegations in peer review or MBMP proceedings, protected complaints to regulatory authorities, or NPDB reporting. Lawrence P. Schaefer is the Owner and President of Schaefer Halleen LLC. As one of the most recognized plaintiff 's lawyers nationwide, Schaefer has earned the respect of judges and other lawyers for his thorough and ag gressive client advocacy in negotiation and litigation. He concentrates his practice representing medical professionals and other employees who are adversely affected by employment discrimination practices or unfair and unwarranted discipline or termination. You can reach Schaefer directly at 612- 294-2601 or Lschaefer@schaeferhalleen.com. References: 1. See Minn. Stat. § 147.091 (2014) 2. Id. at §147.001 3. See Minn. Stat. §214.10, subd. 2 4. See, e.g, Minn. Stat. § 147.111 (2014) 5. Id 6. 42 C.F.R. 482.13(d)(1) 7. Minn. Stat. 144.651, subd. 16 (2014) M D N E W S . CO M ■ MD NEWS Minnesota | 2 3

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