Karl Bayer's Disputing Blog » Healthcare Disputes

Managing Conflict in Hospitals

By Holly Hayes - January 27, 2011

by Holly Hayes The Joint Commission Journal on Quality and Patient Safety published a two-part article in the February 2011 edition entitled “A Strategic Approach for Managing Conflict in Hospitals: Responding to the Joint Commission Leadership Standard.” The articles by Charity Scott and Debra Gerardi were published as Part 1 and Part 2. Part 1 begins by reviewing Conflict Management Standard LD.01.03.01 which states, “The governing

Communication Training in the OR Setting

By Holly Hayes - January 20, 2011

by Holly Hayes The Association of periOperative Registered Nurses (AORN) published an article in their December journal titled, “Enhancing Communication in Surgery Through Team Training Interventions: A Systematic Literature Review.” The article quotes The Joint Commission’s (TJC) October 2007 Sentinel Events Statistics which stated communication failure was the root cause of approximately 70% of healthcare sentinel events. The

Medical Staff Standard Guidebook Issued

By Holly Hayes - January 7, 2011

by Holly Hayes The American Health Lawyers Association has issued an electronic guidebook for the implementation of a new Joint Commission (TJC) Medical Staff Standard, MS.01.01.01. The timeline for implementation of the new standard is March 31, 2011. Changes to a variety of hospital rules and bylaws will be necessary in order to comply with this new standard. Here is a description of the guidebook: Authored by one of the pre-eminent experts on

Health Care Mediation Lacks Physician Participation

By Holly Hayes - December 17, 2010

by Holly Hayes This week, a Wall Street Journal Health Blog headline stated, “Big Challenge for Mediation in Medical Malpractice: Doctor Participation.” The post discussed a study published in the Journal of Health Politics, Policy and Law which reviewed 31 cases from New York City non-profit hospitals. The study found that although mediation in a medical malpractice context has potential benefits, no physicians participated in the ca

Medical Malpractice & Electronic Health Records (EHRs)

By Holly Hayes - December 10, 2010

by Holly Hayes An article in the November 18, 2010 issue of the New England Journal of Medicine (NEJM) explores “Medical Malpractice Liability in the Age of Electronic Health Records.” The Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 authorized an estimated $14 billion to $27 billion to promote “meaningful use” of electronic health records (EHRs) by clinical providers. The authors of the article

TJC Medical Staff Standard to Take Effect April 1, 2011

By Holly Hayes - December 3, 2010

by Holly Hayes The American Hospital Association (AHA) and the American Medical Association (AMA) sent a letter to hospital CEOs and medical staff presidents in November to remind them that The Joint Commission’s (TJC) recent revisions to hospital accreditation Standard MS.01.01.01 (formerly MS.1.20) will take effect April 1, 2011. The new standard is “designed to contribute to patient safety and quality of care through the support of

Innovation Center Launched by CMS

By Holly Hayes - November 18, 2010

by Holly Hayes On November 17, 2010, the Centers for Medicare & Medicaid Services (CMS) established the CMS Innovation Center. The Center will “examine new ways of delivering health care and paying health care providers that can save money for Medicare and Medicaid while improving the quality of care.” The Innovation Center will consult stakeholders across the health care sector including hospitals, doctors, consumers, payers, sta

Guide for Negotiating an Electronic Health Record (EHR) Contract

By Holly Hayes - November 5, 2010

by Holly Hayes Physician News Digest posted a beginner’s guide to negotiating an Electronic Health Record (EHR) software license agreement. EHR contracts are similar to other software license agreements, but issues specific to health care, including provisions related to HIPAA and “meaningful use” provisions, need to be addressed. The guide focuses on five key areas of a software license agreement (SLA): User license Implementat

Communication Skills Key in Ambulatory Surgery Centers

By Holly Hayes - October 27, 2010

by Holly Hayes The Medical Group Management Association (MGMA) annual meeting is being held in New Orleans this week. Yesterday, Marshall Baker, CEO of Physician Advisory Services, Boise, Idaho, led a discussion about Ambulatory Surgery Centers (ASC) and the opportunities available to surgeons despite that accreditation requirements for ASCs are getting stricter. Communication is key to a successful ASC, Baker said, explaining that no one should

Collaborative Patient Care and ACOs

By Holly Hayes - October 22, 2010

by Holly Hayes In a message to all physicians posted on the American Medical News website this week, Ardis Dee Hoven, MD, chair of the American Medical Association (AMA) Board of Trustees said, “When physicians, hospitals, nurses, technicians, patient advocates and others collaborate, they can help prevent costly hospital admissions and keep patients from cycling between nursing homes and hospitals.” Her message, “Quality care follows