H.R. 3413: Physician and Patient Safety Act

This bill, known as the Physician and Patient Safety Act, aims to introduce regulations that safeguard the rights of physicians regarding their professional activities and staff privileges at hospitals. Here are the main points of the bill:

Purpose of the Bill

The primary goal of this legislation is to ensure that physicians who have been granted medical staff privileges have certain protections if their privileges are terminated, restricted, or reduced. This is meant to prevent arbitrary or unfair actions against them by hospitals or healthcare institutions.

Key Provisions

• Fair Hearing: The Secretary of Health and Human Services is required to issue regulations that ensure physicians have the right to a fair hearing and appellate review through appropriate mechanisms at their hospital prior to any significant changes in their professional status.
• No Denial of Rights: The regulations will specify that a hearing or review cannot be denied based on a third-party contract that the physician may have with a hospital or other entity.
• No Waiver of Rights: Physicians cannot be forced to waive their rights to a fair hearing or appellate review as a condition of employment, whether directly with the hospital or via third-party contractors.
• Confidential Proceedings: Any hearings or appellate reviews must be confidential and not reported to external entities, including databases such as the National Practitioner Data Bank, unless there is an ongoing threat to patient safety or as required by hospital reporting laws.
• Implementation Timeline: The regulations established as a result of this bill must be effective no later than 18 months after the bill becomes law.

Impact on Physicians

The bill is designed to enhance job security and due process for physicians, ensuring that any actions taken against their privileges are conducted fairly and transparently. It aims to protect their professional reputation and livelihood from potential wrongful actions by employer organizations.

Implementation

The implementation of this bill would involve the Secretary of Health and Human Services developing and finalizing regulations that provide these protections. The timeframe for this process is stipulated to be within 18 months after the law is enacted.

Relevant Companies

None found