Refer to your reportable actions list

Keep a “practitioners with reportable actions” list on hand. MSPs should refer to this list before sending out general statement verification letters; if a practitioner is on this list, the general statement verification letter should not be used. Instead, answer all questions as honestly as possible regarding these practitioners, in consultation with legal counsel. The Health Care Quality Improvement Act protects the organization and individuals providing the information as long as they provide the information in good faith.

If you use an automated response system or electronic database to automatically provide information on practitioners, make sure practitioners on your reportable actions list are not included in that search or include a disclosure that instructs them to contact your office for further information regarding those practitioners. You should then follow the process of obtaining a release of information form and respond appropriately.

Source: Legal Strategies for MSPs & Physician Leaders

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