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1st Quarterly Lecture IN PERSON - The Intersection of the Patient Safety and Quality Improvement Act
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IAHA is pleased to present The Intersection of the Patient Safety and Quality Improvement Act and the Medical Studies Act: Steps to Maximize State and Federal Privilege Protections

When: Thursday, March 7, 2019
8:30 am
Where: Katten Muchin Rosenman LLP
525 W. Monroe Street
Chicago, Illinois  60661
United States
Presenter: Michael Callahan
Contact: Kimberly LaBounty
(630) 433-4516

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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.

IAHA members are encouraged to invite legal administrators, human resource professionals, or other colleagues from their law offices.

Speaker: Michael R. Callahan

Michael R. Callahan assists hospital, health system and medical staff clients on a variety of health care legal issues related to accountable care organizations (ACOs), patient safety organizations (PSOs), health care antitrust issues, Health Insurance Portability and Accountability Act (HIPAA) and regulatory compliance, accreditation matters, general corporate transactions, medical staff credentialing and hospital/medical staff relations.

Michael's peers regard him as "one of the top guys […] for credentialing—he's got a wealth of experience" and that he is "a great attorney" for his work with health care systems and medical staff around the country (Chambers USA). His clients describe him as a "prominent healthcare practitioner" for his experience in hospital-physician relationships, including disciplinary hearings, peer review and risk management (Chambers USA). Additionally, his clients describe him as "always responsive and timely with assistance," and say he is "informed, professional and extremely helpful" and "would recommend him without reservation" (Chambers USA). Michael's clients also commend his versatility, and say "He is willing to put on the hat of an executive or entrepreneur while still giving legal advice," according to Chambers USA.

He is a frequent speaker on topics including ACOs, health care reform, PSOs, health care liability and peer review matters. He has presented around the country before organizations such as the American Health Lawyers Association, the American Medical Association, the American Hospital Association, the American Bar Association, the American College of Healthcare Executives, the National Association Medical Staff Services, the National Association for Healthcare Quality and the American Society for Healthcare Risk Management.

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