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McBrayer Blogs

Showing 2 posts tagged Patient Safety and Quality Improvement Act of 2005.

Peer Review Privilege in Kentucky: A Revolution in Public Policy

KRS 311.377 grants broad privilege protections to peer review proceedings and documentation.  As effective on July 14, 2018, this statute extends privilege and confidentiality protections to “the proceedings, records, opinions, conclusions, and recommendations of any committee, board, commission, medical staff, professional standards review organization, or other entity” engaged in performing a designated professional review function.  This grant of privilege was enacted, and is effective, in extending statutory protections for nearly all information arising from the retrospective review and evaluation of the competency of professional acts or conduct of healthcare personnel.  The 2018 amendments legislatively overrule a long history of Kentucky law that denied privilege protections to healthcare peer review proceedings.  More >

A PSA Regarding the PSA: Patient Safety Work Product and Privilege

Much has been made of the efforts to increase the quality of patient safety and healthcare in recent years.  To further this goal, Congress passed the Patient Safety and Quality Improvement Act of 2005 (“PSA”), which provides the protection of privilege to documents created as part of patient safety efforts in patient safety organizations. These organizations are defined as private, certified organizations that operate within larger healthcare organizations to improve care and reduce medical errors. The purpose behind this protection is to encourage healthcare providers to share information enabling evaluation of healthcare treatment, including failures, to improve patient safety and quality of care without fear of liability.  More >

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