During the 2012 General Assembly, the Colorado Hospital Association (CHA) and the Colorado Medical Society (CMS) agreed to sunset the Colorado Committee on Anticompetitive Conduct (CAC) and to establish a joint task force to consider physician allegations of anticompetitive conduct in the context of professional review. The CAC, which had been part of the Colorado Professional Review Act for over 20 years, was repealed by the Colorado General Assembly as a result of the agreement effective Sept. 1, 2013.
The CHA-CMS task force included representatives from both organizations and concluded its work in 2013. In its final report -- which was approved by both CHA and CMS boards -- the task force supported the recommendations that: 1) hospitals and their medical staff adopt a non-binding dispute resolution process to address physician allegations of anticompetitive conduct in the context of professional review; and, 2) CHA and CMS work in partnership to develop a model dispute resolution process and monitor implementation efforts throughout the state.
Click here to read the model Dispute Resolution Process prepared and approved by CHA and CMS for consideration by Colorado hospitals and their medical staffs. The following comments are offered for your consideration regarding the model Dispute Resolution Process:
- The model Dispute Resolution Process is optional and not required by Federal or Colorado law; however, CHA and CMS encourage its adoption, as appropriate, to resolve physician questions of anti-competitive conduct.
- The CHA-CMS agreement recommends that, once the hospital and their medical staff have adopted the dispute resolution process, the hospital shall participate in a resolution process upon the request of an individual physician who believes that a professional review recommendation or action resulted from anticompetitive conduct.
- A dispute resolution process is intended to help hospitals, medical staffs and the affected physicians avoid costly litigation over allegations of anticompetitive conduct through an expedient, confidential and non-binding mediation process.
- Hospitals and their medical staff are strongly encouraged to seek advice from legal counsel before adopting any dispute resolution process and ensure the process is consistent with the hospital's Medical Staff Bylaws, Rules and Regulations.
CHA and CMS will survey CHA member hospitals at six- and 12-month intervals to assess the extent to which hospitals and their medical staff have adopted a dispute resolution process, and whether it has been helpful.
CHA notified all member hospital and health system CEOs of this work in a communication from CHA CEO Steven Summer dated June 5, 2014. Physicians interested in advancing these model medical staff bylaws where they have hospital privileges should contact the hospital CEO and CMO to initiate discussions. For more information, contact CMS CEO Alfred Gilchrist at (303) 475-0144 or
[email protected]. Also please notify CMS if you initiate discussions with a hospital or health system.
