Synergy - January/February 2014 - 12

industry feature

the reprimand and the notice to the
practitioner should be included as
attachments to this memorandum.
* If there is a third incident, the supervising
member should refer the matter, along
with the practitioner's file, to the medical
executive committee with a
recommendation that formal action be
taken in accordance with the corrective
action procedures.
* Sometimes the medical executive
committee can address this issue without
taking a formal adverse action. Several
good programs are available that address
correcting disruptive behavior. While I do
not necessarily recommend these programs,
I am aware of at least three: Acumen
Institute in Kansas, University of Florida
School of Medicine in Tallahassee, and
Physicians Development Program in Miami.
The medical executive may want to
consider requiring the offending practitioner
to attend one of these programs.

12

/

SYNERGY JANUARY/FEBR UARY 2014

* Where there is serious misconduct, the
matter should be referred to the medical
executive committee for corrective action
immediately, disregarding the series of
steps outlined above.
Many times, as a hearing officer, I have
found that the medical staff management
allows the problem to continue until it
gets to a point where it can no longer
be ignored. Even when management has
talked with the practitioner, the meetings
are poorly documented or there is no
documentation. Therefore, when the
medical executive committee attempts
to impose corrective action, there is
little documented evidence of the prior
offending behavior and/or of the action
taken. It then appears that the staff is, to
use a metaphor, trying to kill a fly with a
sledge hammer.
However, if the steps outlined above
are taken, there is ample evidence of an
ongoing problem, and that the staff has

made every effort to correct it without
resorting to an adverse action. This
procedure also provides documentation that
the medical executive committee took the
adverse action based on a substantial factual
basis and that its action was not arbitrary,
unreasonable, or capricious. ■

William Mack Copeland, MS,
JD, PhD, LFACHE, practices
health care law in Cincinnati at
the firm of Copeland Law, LLC.
He has also served as hearing
officer in many medical staff
disciplinary proceedings. A graduate of Northern
Kentucky University Salmon P. Chase College of
Law, Copeland is a frequent author and speaker on
health law topics. He 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. He can be reached at
513/290-2458 or wmc@copeland-law-llc.com.


http://www.edge-u-cate.com

Synergy - January/February 2014

Table of Contents for the Digital Edition of Synergy - January/February 2014

Synergy - January/February 2014
Contents
Editor’s Column
President’s Column
Dealing with the Disruptive Practitioner
Accessing Information: Three Ways to Query the Data Bank
Managed Care Credentialing: Compliance, Challenges and Changes
NAMSS Dashboard
NAMSS PASS™: Changing Healthcare Today – One MSP at a Time!
Meet the NAMSS 2014 Board of Directors
AMSS News
Happenings
Consultants Directory
Synergy - January/February 2014 - Synergy - January/February 2014
Synergy - January/February 2014 - Cover2
Synergy - January/February 2014 - 1
Synergy - January/February 2014 - Contents
Synergy - January/February 2014 - 3
Synergy - January/February 2014 - 4
Synergy - January/February 2014 - 5
Synergy - January/February 2014 - Editor’s Column
Synergy - January/February 2014 - 7
Synergy - January/February 2014 - President’s Column
Synergy - January/February 2014 - 9
Synergy - January/February 2014 - Dealing with the Disruptive Practitioner
Synergy - January/February 2014 - 11
Synergy - January/February 2014 - 12
Synergy - January/February 2014 - 13
Synergy - January/February 2014 - Accessing Information: Three Ways to Query the Data Bank
Synergy - January/February 2014 - 15
Synergy - January/February 2014 - Managed Care Credentialing: Compliance, Challenges and Changes
Synergy - January/February 2014 - 17
Synergy - January/February 2014 - 18
Synergy - January/February 2014 - 19
Synergy - January/February 2014 - NAMSS Dashboard
Synergy - January/February 2014 - 21
Synergy - January/February 2014 - NAMSS PASS™: Changing Healthcare Today – One MSP at a Time!
Synergy - January/February 2014 - 23
Synergy - January/February 2014 - Meet the NAMSS 2014 Board of Directors
Synergy - January/February 2014 - 25
Synergy - January/February 2014 - AMSS News
Synergy - January/February 2014 - 27
Synergy - January/February 2014 - 28
Synergy - January/February 2014 - Happenings
Synergy - January/February 2014 - Consultants Directory
Synergy - January/February 2014 - Cover4
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