IAHA Quarterly Lecture
Wednesday, March 7, 2019
8:30 AM - 9:45 AM

The Intersection of the Patient Safety and Quality Improvement Act and the Medical Studies Act: Steps to Maximize State and Federal Privilege Protections

Recent Illinois appellate court interpretations of the Illinois Medical Studies Act (“MSA”) have continued to narrow the scope of privilege protections over peer review and related quality improvement information. These decisions have exposed sensitive information to discovery in medical malpractice and similar lawsuits. 

In the case of Daley v. Teruel, the Illinois Appellate Court for the first time interpreted the privilege protections afforded under the federal Patient Safety and Quality Improvement Act (“PSQIA”) in a medical malpractice action.  The court clarified the application of the PSQIA in Illinois and provided a thorough review of what is necessary to qualify for Patient Safety Work Product protection.  Although the MSA and PSQIA privileges are not mutually exclusive, determining whether to assert one or the other, or both, can have a direct impact on the documentation and internal policies that hospitals and providers need in order to respond to discovery requests in state and federal courts.  Such efforts become all the more important in light of reimbursement standards based on achieving required quality outcomes.

Speaker:

Michael Callahan of Katten Muchin Rosenman