What is a summary suspension?  A summary suspension is a removal from clinical practice and usually the first indication that the provider is being investigated for clinical incompetence, impairment, or professional misconduct. The provider will receive formal written notice that that includes certain rights as outlined in DHA-PM 6025.13, Volume 3.

Can I quit if I am under a summary suspension? An employee like a contractor or civilian employed “at will” of course can quit.  A military member could request to separate.  A civilian or military member should rarely quit or separate while under a summary suspension, but this is a very case-by-case determination.  Contractors tends to get fired or go into an unpaid status so the decision to quit is often one made for them.  Most importantly, any provider under a summary suspensions who ends affiliation (quits, terminated, separated) must, in writing, immediately request that the due process procedures continue.  This is normally accomplished by an email or letter to the point of contact identified in the summary suspension.

If I quit before I am placed in a summary suspension, can they investigate me?  Not only can you be investigated, they can follow the whole process and seek to adjudicate a final adverse privileging action.  If you have ended affiliation and receive notice by mail or email that you are the subject of a quality assurance investigation (QAI) it is important to respond and request due process procedures.

Will the summary suspension be reported to the NPDB?  After 30 days, the summary suspension will be reported to the NPDB.  A revision-to-report will thereafter be made when the process concludes updating the entry to show the final decision, whether it be reinstatement or a adverse clinical action.  I do not believe DHA is following the NPDB regulations with respect to entering and removing summary suspensions from the NPDB and am actively challenging this reporting.  In my experience, it is exceedingly rare than a provider is reinstated before the 30 days elapses.

What are my rights in this process?  A provider has many rights under DHA-PM 6025.13, Volume 3, though the regulation can be confusing and contradictory in parts.  The three most important rights are 1) the right to receive and respond to the QAI before it goes to the privileging authority; 2) the right to appear before a Peer Review Hearing; and 3) the right to appeal the privileging authority’s final decision to the DHA.  There are also separate rights under the regulations governing the NPDB to submit a statement or appeal a NPDB entry.

When should I hire a lawyer?  You should, at minimum, speak to a lawyer experienced in handling adverse privileging action cases when you receive the summary suspension.  You should hire an experienced lawyer if you receive the QAI and finds incompetence, impairment, or misconduct. 

How can a lawyer help me?  We can assist you in exercising your rights and challenging the allegations made against you.  A Peer Review Panel Hearing is like a mini-trial.  Evidence is admitted.  Witnesses are called. Opening and closing arguments are made.  Your lawyer actively represents you and challenges the allegations and proposed adverse clinical action.  If an appeal is necessary, your lawyer will obtain and review the hearing transcripts and draft an appeal alleging legal errors in the process and making equity arguments against an adverse clinical action.