Karl Bayer's Disputing Blog » Healthcare Disputes

Confusion Around “Meaningful Use” of Electronic Health Records

By Holly Hayes - July 9, 2010

By Holly Hayes Congress has mandated the adoption of electronic health records (EHR) and put billions of dollars behind the mandate. Hospitals and professionals interested in seeking these funds need to achieve “meaningful use” (MU) of electronic health records. The Centers for Medicare and Medicaid Services (CMS) states: The Medicare and Medicaid EHR incentive programs will provide incentive payments to eligible professionals and eli

How to Disclose Adverse Events to Patients

By Holly Hayes - June 25, 2010

By Holly Hayes The May/June edition of the Physician Executive Journal (PEJ) provides a step-by-step approach for reporting adverse events to patients. The seven-step approach is based on principles used in the Program for Health Care Negotiation and Conflict Resolution at the Harvard School of Public Health. A summary of each of the seven steps recommended include: Step 1: Information gathering Prior to any meeting with the patient or family, it

AHRQ Awards $23.2m in Grants for Medical Liability Reform and Patient Safety

By Holly Hayes - June 18, 2010

By Holly Hayes The Agency for Healthcare Research and Quality (AHRQ) announced that seven demonstration grants for the Medical Liability Reform and Patient Safety initiative have been funded for a total amount of $19.7 million. Thirteen planning grants have also been funded for a total amount of $3.5 million. The grants support the implementation and evaluation of evidence-based patient safety and medical liability projects. The seven demonstrati

Health Reform Law: The Physician Insurers Association of America Reviews Four Alternatives

By Holly Hayes - June 11, 2010

By Holly Hayes American Medical News posted a review of some of the tort alternatives being considered as part of health reform that were discussed at the Physician Insurers Association of America in May: experts gave insurers a glimpse into four possible alternatives to be tested under the health reform law: health courts, early offers, apology programs and medical review panels. They detailed how the options could alleviate pressures within the

Welcome Franklin Solutions Blog!

By Holly Hayes - June 11, 2010

We would like to welcome the Franklin Solutions Blog to the ADR blogosphere. The blog is hosted by Jeanne F. Franklin, a certified mediator and lawyer from Virginia. The Franklin Solutions Blog has a focus on health care mediation and conflict resolution. Check out their June 1 post here. We look forward to reading more of your posts, Jeanne. The Disputing Team, Karl Bayer, Alyson Chaky, Holly Hayes & Victoria VanBuren

Where Does Mediation Fit in the Spectrum of Healthcare Conflict Resolution?

By Holly Hayes - June 4, 2010

By Holly Hayes How big is the issue of conflict in healthcare? The accrediting body for hospitals, The Joint Commission, issued standard (LD.01.03.01) in January 2009 recognizing the need to better manage conflict in the healthcare setting. The Standard states: “The governing body is ultimately accountable for the safety and quality of care, treatment, and services.” During on-site accreditation visits, The Joint Commission reviewers “score” the

Conflict Management in The Joint Commission’s Medical Staff Standard

By Jane Reister Conard - May 28, 2010

Last March The Joint Commission announced its long awaited, revised medical staff standard (MS) 01.01.01, which will replace MS 1.20. The new MS 01.01.01 becomes effective March 31, 2011, to allow facilities and medical staffs to prepare for implementation. The intent of the MS 01.01.01 is, inter alia, to establish a conflict management process in the event of a conflict between/among the medical staff, medical executive committee, and the govern

American Health Lawyers Association Publishes Toolkit for Managing Healthcare Conflict

By Holly Hayes - May 26, 2010

By Holly Hayes The American Health Lawyers Association (AHLA) Alternative Dispute Resolution (ADR) Service has posted a complimentary Conflict Management Toolkit to facilitate early management of disputes in health care organizations. The toolkit includes The Joint Commission (TJC) standards on conflict management and the sentinel event alert on disruptive physicians as well as sample guidelines, checklists and policy. (the toolkit is available h

Jazz Improves Physician-Patient Communication

By Holly Hayes - May 20, 2010

By Holly Hayes The American Medical News published this week Jazz offers lessons for doctor-patient interaction. This article discusses the use of jazz music to help physicians hone their patient communication skills. Dr. Paul Haidet, president-elect of the American Academy on Communication in Healthcare says”Jazz is all about harmony in communication. When jazz musicians play, they play in a way that goes along with [how] the rest of the b

“Bad Behavior” in Health Care

By Holly Hayes - May 14, 2010

By Holly Hayes After hearing Dan O’Connell speak earlier this month, I found this on-line presentation by Dan titled, Bad behavior — preparing for and dealing with disruptive behavior by providers. Dan is a clinical psychologist who works as an educator, consultant, clinician, department chair and executive director in medical and behavioral health settings. He suggests health care organizations develop a positive, proactive statement