QUESTION:
Our hospital is in the process of refining our Conflict of Interest (“COI”) Policy. What are some general principles we should stick to/try to avoid?
ANSWER FROM HORTYSPRINGER ATTORNEY HALA MOUZAFFAR:
Every potential COI is unique depending on who is involved, what stage in a process you are in, and the level of participation of the potentially conflicted individual. So, it is hard to have a lot of hard and fast rules when it comes to evaluating COIs. That being said, there are some general principles you can follow when defining a process to identify and manage COIs.
(1) The provider under review should not have the right to compel someone to be disqualified as a COI.
While we can and should allow a provider under review to note potential conflicts with individuals reviewing them, the final say in determining if an individual is truly a COI should remain with someone like a committee chair or other leadership that can make an objective decision. Also keep in mind that anyone can end up in the hot seat as the provider under review, so we want to make sure that no matter who that individual is – even if it is you one day – we are giving that person fair process and evaluating all potential COIs.
(2) Committees should have a COI identification process.
Some conflicts are obvious (e.g., family members, competitors, etc.), but some you might be completely oblivious to (e.g., history of animosity, good friends, etc.). Since it is impossible to know every conflict that might exist, you should have a process that requires committee members to disclose any potential conflicts. Because if conflicted individuals participate in a process, they may be putting themselves at risk of some legal trouble, so we want to protect those that are volunteering their time to help the hospital by managing those conflicts on the front end.
(3) Have a COI Policy that maintains the integrity of the process.
Ultimately, our goal in managing COIs is to protect the integrity of the processes we have in place. By managing conflicts effectively, we build trust in our system processes, so everyone feels like they are being treated fairly and given a fair chance to be heard.
If you have a quick question about this, e-mail Hala Mouzaffar at hmouzaffar@hortyspringer.com.