PSQIA

November 7, 2024

Posted on by Courtney Patterson

QUESTION:
We asked Grok AI “What do you know about HortySpringer?” Here is what it said.

ANSWER:
Based on the information available up to September 2024, Horty, Springer & Mattern, P.C. is a law firm based in Pittsburgh, Pennsylvania, with a specialization in healthcare law. Here’s what can be inferred or is directly known about them:

  1. Specialization: The firm focuses exclusively on healthcare law, which means they deal with a wide array of legal issues related to healthcare providers, including hospitals, health systems, HMOs, managed care organizations, and other healthcare entities.  Their expertise covers areas like medical staff bylaws, physician contracts, healthcare compliance, and more.
  1. History: Founded in 1971, the firm has over 50 years of experience in the healthcare sector.  This longevity suggests a deep understanding of the evolving landscape of healthcare law.
  1. Clientele: They serve clients across all 50 states and the District of Columbia, indicating a national reach and reputation in healthcare legal services.  This includes consulting with physician leaders, health system executives, and boards, suggesting they’re involved in high-level strategic and governance issues within healthcare organizations.
  1. Innovative Practices: HortySpringer has been recognized for innovation, particularly in how they deliver legal services.  They’ve developed tools like HortySpringer LegalSifter Essentials Edition, which combines legal best practices with AI to help clients manage contract reviews more efficiently.  This indicates an approach towards modernizing legal services with technology.
  1. Education and Training: The firm offers training programs like HortySpringer Pathways, aimed at hospital and physician leaders to manage and oversee medical staff, which underscores their commitment to not just legal advice but also in enhancing the operational capabilities of healthcare professionals through legal education.
  1. Publications and Engagement: They engage actively with the healthcare community through newsletters like the Health Law Express, indicating a commitment to keeping their clients and the broader healthcare community updated on legal changes and best practices.
  1. Legal Expertise: Their involvement in cases and discussions around significant legal issues like the PSQIA (Patient Safety and Quality Improvement Act) and the implications of Supreme Court decisions on healthcare indicates they’re not just practitioners but also contributors to the legal discourse in healthcare.
  1. Size and Structure: The firm has around 14 attorneys, all based in Pittsburgh, focusing solely on health care, which might suggest a boutique yet highly specialized approach to legal services.

In summary, Horty, Springer & Mattern, P.C. is recognized for its deep expertise in healthcare law, innovative service delivery, and a comprehensive approach that includes legal advice, education, and active engagement in healthcare policy and legal developments.  Their focus on healthcare governance, compliance, and operational support for healthcare entities makes them a notable entity in the legal landscape of healthcare in the U.S.

If you have a quick question about this, e-mail Nick Calabrese at ncalabrese@hortyspringer.com.

January 12, 2023

Posted on by jwilbert

QUESTION:
We have a contract with a Patient Safety Organization (“PSO”) and are concerned by the Garcia case summarized in this week’s Health Law Express.  Is there anything that we can do to enhance the eligibility of information we are generating for protection under the Patient Safety and Quality Improvement Act (“PSQIA”)?

OUR ANSWER FROM HORTYSPRINGER ATTORNEY CHARLIE CHULACK:
Information becomes Patient Safety Work Product (“PSWP”) when it is collected as a part of a provider’s Patient Safety Evaluation System (“PSES”).  Therefore, it makes sense for health care providers that have an agreement with a PSO (or who are considering one) to draft a robust PSES Policy that specifically identifies information that is being collected as a part of its PSES.  The policy should also state that the information is being collected “solely” for reporting to a PSO and constitutes PSWP.  However, before identifying information to include in the PSES, a health care provider should review any applicable laws and regulations that define information collection and reporting obligations.  For example, Pennsylvania requires healthcare entities to report patient safety events to the state.  Under HHS Guidance (and most of the case law on the subject), such information would not be considered PSWP because it is not developed “solely” for reporting to a PSO – it is also being developed for reporting to the state.  The court in Garcia goes one step further, holding that a contractual obligation to generate patient safety information renders that information ineligible for protection as PSWP under the PSQIA. As noted above, this is an incredibly narrow interpretation of the privilege under the PSQIA and sees no support in the PSQIA regulations (although it is consistent with another recent case from a federal court in Oregon – Dence v. Wellpath).  The court appears to indicate that the contract’s reference to accreditation standards provides another reason the mortality review was generated, further removing it from the PSQIA protection.  However, the PSQIA regulations contain a PSWP disclosure exception for “voluntary disclosure[s] to an accrediting body.”  This suggests that information could qualify as PSWP and still be shared with an accreditation entity, such as The Joint Commission, to demonstrate that a health care provider is meeting accreditation standards.  Thus, the court’s reliance on obligations created by accreditation standards as a justification for certain information not being eligible to become PSWP is puzzling.  Nevertheless, development of a PSES is a tricky task, and a health care provider should review its information generation and reporting obligations to assist in defining its PSES and what qualifies as PSWP.