MMilitary doctor defense - peer review hearings
Subject of a Quality Assurance Investigation (QAI)?
The Regulations Favor a Full Investigation Following a Report of Professional Misconduct, Impairment, or Clinical Incompetence.
In addition to being licensed by a state, military doctors, military dentists, and other health care providers employed at military hospitals and clinics must maintain “privileges” with the privileging authority. Generally, authority to grant, suspend, and revoke privileges rests with the commanding officer of the military hospital or military treatment facility. If allegations are made that the provider engaged in misconduct or is impaired, the privileging authority must determine whether or not a full investigation is warranted. The rules favor a full quality assurance investigation (QAI) following any allegation of misconduct, incompetence, or impairment that is not determined to be baseless through preliminary inquiries. During the investigation, a privileging authority will normally place the provider’s privileges in summary suspension, meaning that he or she is commonly not permitted to practice medicine. A notice that a provider’s privileges are in summary suspension is normally the first notice given to the provider that their privileges are at risk of being suspended or revoked. Such action is commonly referred to as an Adverse Privileging Action.
In October 2019, with the advent of the Defense Health Agency, a new regulation was issued governing Adverse Privileging Actions. Specifically, Defense Health Agency Procedures Manual 6025.13 (DHA-PM 6025.13) replaced the Department of Defense governing instruction (DoDI 6025.13) and service-specific instructions.
Unfortunately, DHA-PM 6025.13, unlike it’s predecessors, requires notice to the National Practioner Data Bank (NPDB) if a Summary Suspension is in effect for more than 30 days. There is little that a provider can do to avoid this reporting. In our experience, it is uncommon that the QAI will be completed within the initial 30 days of the summary suspension.
A provider may also be clinically evaluated to determine the existence or extent of any alleged impairment or incompetence. This may entail supervised practice in a case alleging professional impairment or incompetence or substance abuse treatment in a case involving substance abuse.
We Defend All Military Medical Providers.
- Army, Navy, Air Force, Coast Guard.
- Uniformed, Civilian (GS), Contractor.
If you are facing a QAI or Adverse Privileging Action, do not separate or resign. Action can be taken against the provider even after separation or resignation. It is important that the provider continue to exercise all due process rights.
Worldwide Military Defense
Mr. Korody has the experience, training, and skills to ensure that your rights are protected. He spent close to a decade on active duty defending and prosecuting members of the military and advising commanders on how to dispose of misconduct. . Mr. Korody is one of the elite few who has been certified by the Judge Advocate General as a Specialist in Military Justice Litigation. He has handled hundreds of military cases.
