Peer Review and Potential Antitrust Liability

 

Overview: In seeking to fulfill their corporate responsibility for effective peer review, hospitals have been attacked many times by physicians who are on the receiving end of a peer review adverse action. As hospitals exercise their corporate responsibility and deny, suspend, and revoke physicians' privileges, those physicians are bringing actions against the hospitals and their medical staffs alleging conspiracy in restraint of trade in violation of the Sherman and Clayton Acts. Congress has stated that a partial rationale for providing immunity under the Health Care Quality Improvement Act of 1986 is that the Act's reporting requirements may cause the volume of such cases to increase. 

In this webinar, we will discuss the Sherman and Clayton Acts and what must be proved by the physician plaintiff to provide the foundation for an antitrust action. Our thrust will be to provide an understanding of the antitrust laws as they apply to hospital-physician relationships. We will also review the state action defense to an antitrust action; examine what constitutes a combination or conspiracy in restraint of trade; and scrutinize why an effect on interstate commerce is important. 

Why should you attend: Hospital executives, medical staff officers, and peer review committee members and support staff should attend to learn how to deal effectively with the peer review process and achieve immunity under federal and state law. You will also gain an understanding of the antitrust laws as they apply to hospital-physician relationships. 

Several years ago, a federal prosecutor made the statement that violation of the antitrust laws can be hazardous to your freedom. You will want to attend to make sure that you understand how such laws can be violated in the peer review process and to assure that it does not happen to you and/or your hospital. 

Areas Covered in the Session:

• To provide an understanding of the antitrust laws as they apply to hospital-physician relationships
• To provide an understanding of the state action defence to an antitrust action
• To understand why an effect on interstate commerce is important
• To understand what constitutes a combination or conspiracy in restraint of trade

Who Will Benefit:

• Hospital Executives
• Medical Staff Officers
• Physicians who serve on Peer Review Committees
• Medical Staff
• Support Staff
• Attorneys Representing Hospitals

William Mack Copeland MS, JD, PhD, LFACHE, practices health care law in Cincinnati at the firm of Copeland Law, LLC. He is also president of Executive & Managerial Development Group, a consulting entity providing compliance and other fraud and abuse related services. A graduate of Northern Kentucky University Salmon P. Chase College of Law, Bill is a frequent author and speaker on health law topics. 

Copeland is a member of the American Health Lawyers Association, American, Ohio and Cincinnati Bar Associations and is a life fellow in the American College of Healthcare Executives. He was awarded the American College of Health Care Executives Senior-Level Healthcare Executive Regent’s Award in 2007. MentorHealth Roger Steven Phone No: 800-385-1607 FaX: 302-288-6884  webinars@mentorhealth.com Event Link: http://bit.ly/1xQSXc1 http://www.mentorhealth.com/