In the news: California Supreme Court limits the role of the hearing officer

A recent California Supreme Court ruling limits the role of the hearing officer after a non-physician fair hearing officer single handedly dismissed a doctor’s case for not cooperating with the fair hearing process in 2003.

According to the AMNews article, Dr. Gil N. Mileikowsky’s privileges at West Hills Hospital came into question when he failed to notify the medical staff that his privileges at two other hospitals had been terminated or suspended. The fair hearing officer requested documentation from Mileikowsky multiple times over the course of several months before dismissing the case without consulting with the hospital’s peer review committee. 

The court ruled that the purpose of peer review is to secure an independent review by qualified persons. Justice Kathryn Mickle Werdegar wrote in the April 6 majority opinion, “That purpose is defeated if the matter is dismissed before the reviewing panel becomes involved. ... [The hearing officer] has no part in the decision-making process and no authority to prevent the reviewing panel from reviewing the recommendation.”

Here's some FREE bylaws language regarding hearing panel composition from The Greeley Company, a division of HCPro, Inc. in Marblehead, MA.