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Health care quality information liability & privilege.

Sharon King Donohue1

  • 1National Committee for Quality Assurance, Washington, DC, USA.

Annals of Health Law
|November 15, 2002
PubMed
Summary

Protecting health quality data is crucial. A federal privilege for self-critical analysis would encourage quality improvement and reduce lawsuits against healthcare providers and plans.

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Improving access to health care: a consensus ethical framework to guide proposals for reform.

The Hastings Center reportยท2007
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Area of Science:

  • Healthcare Law
  • Quality Improvement Science

Background:

  • Litigation against health plans and providers is increasing.
  • Outcome performance data is frequently used in these lawsuits.
  • Current legal protections for quality assessment data are insufficient.

Purpose of the Study:

  • To argue for the protection of health quality data under a self-critical analysis privilege.
  • To advocate for a federal privilege to address state-level litigation.
  • To highlight the benefits of data sharing for patient care improvement.

Main Methods:

  • Review of existing common law and federal legal frameworks.
  • Analysis of trends in class-action lawsuits against healthcare entities.
  • Argumentation based on the principles of quality assessment and patient welfare.

Main Results:

  • Existing common law privilege of self-critical analysis is not adequately applied to third-party accreditation data.
  • State-level lawsuits increasingly target quality and outcome data, creating a chilling effect on improvement efforts.
  • A federal privilege is needed to protect this data and encourage system-wide quality enhancement.

Conclusions:

  • Extending the privilege of self-critical analysis to third parties is essential for protecting quality assessment efforts.
  • A federal privilege would safeguard health plans and providers, fostering transparency and improvement in patient care.
  • The benefits of improved healthcare quality for all consumers justify the creation of such a federal privilege.

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