News & Articles
Tips for Asserting and Upholding the Patient Safety Work Product Privilege
By Heidi A. Barcus and Jamie Ballinger-Holden
In 2005, Congress created a new federal privilege for health care providers committed to improving the quality of health care in the United States. The Patient Safety Work Product ("PSWP") privilege of the Patient Safety and Quality Improvement Act of 2005, 42 U.S.C. § 299B-21, et seq. ("PSQIA" or "the Act") was enacted by Congress to encourage a "culture of safety" and quality in the U.S. healthcare system by providing confidentiality and legal protections for information and documents collected and reported voluntarily to a Patient Safety Organization ("PSO") for the purpose of improving the quality of healthcare and patient safety. The statute protects any data, reports, minutes, records, memorandum, analyses or other written or oral statements from discovery in any proceeding including medical malpractice actions. However, in order to claim the protection of the statute, the information must be created for a PSO, sent to a PSO, and prepared for reporting to a PSO.
Tennessee Providers Now Required to Check Controlled Substance Monitoring Database
By: Erin B. Williams
While most portions of the Tennessee Prescription Safety Act (the "Act") were effective January 1, 20131, the most onerous change for healthcare practitioners just recently became effective. Starting April 1, 2013, Tennessee practitioners are required to check the Controlled Substance Monitoring Database ("CSMD") prior to prescribing opioids, benzodiazepines, and any other designated Schedule II – V drug2 as a new course of treatment lasting more than 7 days, and then at least annually during an episode of treatment unless it falls under a specific exception.