Sarah Coyne Featured in “NPDB Reporting Protected by Law in Some Cases, Gray Areas Problematic”Relias Media’s Hospital Peer Review 07/01/21
Sarah Coyne spoke to Relias Media’s Hospital Peer Review for its story regarding the legal risks associated with reporting nurses, clinicians and other healthcare providers to the National Practitioner Data Bank (NPDB). Read the full article to learn more about healthcare attorneys' insights regarding NPDB reporting.
Below is an excerpt:
“It is not discretionary whether hospitals report to the data bank, although there are some circumstances where it is a complicated analysis whether the reporting obligation has been triggered,” Coyne says. “A physician is unlikely to have a viable successful cause of action. This would not be the case for non-physician providers who are reported, as they are not a mandatory report, and there would not be associated immunity.”
“It is conceivable that a physician would have a viable suit for claiming that there was no basis to limit the privileges in the first place or in a complicated reporting situation for deciding that it is reportable. However, hospitals reporting in good faith, and limiting privileges in good faith, have immunity under the federal Health Care Quality Improvement Act [HCQIA],” Coyne says. “While the physician could bring the lawsuit, the hospital would have a very solid affirmative defense.”