CopyCited 68 times | Published | Supreme Court of Florida | 2008 WL 596700
...al committees or organizations are not subject to discovery or introduction into evidence in any action against a health care provider arising out of the matters which are the subject of the committee or organization's inquiry. See §§
395.0191(8),
395.0193(8),
766.101(5), Fla....
...n any such civil or administrative action; and a witness who testifies before such committee or organization may not be prevented from testifying as to matters within his or her knowledge about the medical incident in question. See §§
395.0191(8),
395.0193(8),
766.101(5),
766.1016(2), Fla....
...ted peer review as part of medical quality assurance, did not establish vested rights that the investigations, proceedings, and records of peer review panels were "not subject to discovery" and could not be introduced into evidence in civil actions. § 395.0193(8), Fla....
... (a) This section does not repeal or otherwise alter any existing restrictions on the discoverability or admissibility of records relating to adverse medical incidents otherwise provided by law, including, but not limited to, those contained in ss.
395.0191,
395.0193,
395.0197,
766.101, and
766.1016, or repeal or otherwise alter any immunity provided to, or prohibition against compelling testimony by, persons providing information or participating in any peer review panel, medical review committee, hospital committee, or other hospital board otherwise provided by law, including, but not limited to, ss.
395.0191,
395.0193,
766.101, and
766.1016....
...iders knew that the records of the review would not be used against them in medical malpractice or libel civil actions. Holly v. Auld,
450 So.2d 217 (Fla. 1984). The sections protecting records and statements in peer review are sections
395.0191(8),
395.0193(8),
766.101(5),
766.1016(2), and
395.0197(6)(c), (7), (8), (13) of the Florida Statutes (2002)....
CopyCited 38 times | Published | Supreme Court of Florida | 2008 WL 3926860
...The trial court reinstated the individuals and again stated the legal options Lawnwood had available if it believed that the MEC was failing to "comply with the policies, procedures, or directives of the risk management program or any quality assurance committees of the hospital" pursuant to section 395.0193(3)(g), Florida Statutes (1999)....
...(1) the law provided a privilege to a private corporation in violation of article III, section 11(a)(12), of the Florida Constitution; (2) the law unconstitutionally impaired the contract between the medical staff and the Board; (3) the law amended section 395.0193, Florida Statutes, by implication and did not reference the amendment in the law's title, in violation of article III, section 6, of the Florida Constitution; and (4) the law violated the equal protection clauses of the state and fed...
CopyCited 16 times | Published | Supreme Court of Florida | 2007 WL 1498968
...nts of section
458.320. First, section
395.0191, Florida Statutes (2006), which outlines the rules pertaining to hospital staff privileges, *186 does not require the hospital to ensure physician compliance with section
458.320. [10] Second, sections
395.0193(2)(4), Florida Statutes (2006), which outline the hospital's duties in denying, suspending, or revoking staff privileges, do not require the hospital to take action when a physician fails to maintain financial responsibility. See §
395.0193(2)-(4), Fla....
...[10] Section
395.0191 was originally enacted as section 395.011, Florida Statutes (Supp. 1982), but has been revised several times since. However, the provision has never imposed a duty on hospitals to ensure financial responsibility as a condition of granting staff privileges. [11] Section
395.0193 was originally codified at section 395.0115, Florida Statutes (Supp....
CopyCited 14 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 3813, 2010 WL 1066833
...y). . This surgery is described as "high risk” or "open heart” surgery. Typically it involves valve replacements, repairs with or without coronary bypass grafts, left ventricular aneurysm repairs, and thoracic aortic dissections and aneurysms. . § 395.0193, Fla....
CopyCited 13 times | Published | Court of Appeals for the Eleventh Circuit | 1994 U.S. App. LEXIS 27659
...ter of law, which contended that the hospital was immune from liability in money damages under the Health Care Quality Improvement Act of 1986 (“HCQIA”), 42 U.S.C. §§ 11101-11152 (1988 & Supp. IV 1992), and under Florida law, Fla.Stat.Ann. § 395.0193(5) (West 1993)....
...laratory relief." H.R.Rep. No. 903, at 9, reprinted in 1986 U.S.C.C.A.N. at 6391. . The appellees are Bryan and his professional organization, Floyd T. Bryan, M.D., P.A. We refer to them collectively as "Bryan” for convenience. . See Fla.Stat.Ann. § 395.0193(2) (West 1993) ("Each licensed [health care] facility, as a condition of licensure, shall provide for peer review of physicians who deliver health care services at the facility.”)....
...ard members, peer review panel, medical staff, or disciplinary body, or its agents, investigators, witnesses, employees, or any other person for any action taken without intentional fraud in carrying out the provisions of this section. Fla.Stat.Ann. § 395.0193(5)....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 1997 WL 821400
...the basis of the Third Amended Complaint in this case. Noble *568 sued for monetary damages, alleging various causes of action. The trial court dismissed certain counts of the First and Second Amended Complaint based upon a change in the wording of section 395.0193, Florida Statutes (1995)....
...The trial court properly exercised the discretion given to it in denying Noble's motion for leave to amend at this juncture of the litigation. The trial court also granted a motion to dismiss certain counts of the First and Second Amended Complaint. In ruling on the motion, the court specifically found that the amendment of section 395.0193, Florida Statutes, which changed the words "actual malice" to "intentional fraud," effectively changed the meaning of the statute....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 20143, 2005 WL 3499935
...ments to the trial court for an in camera inspection. The trial court ordered CCH to submit the documents, which CCH claims to be privileged, so that it could determine whether CCH had a reasonable belief that one or more of the grounds specified in section 395.0193(3), Florida Statutes (2001), [1] existed prior to the commencement of a peer review panel's investigation of the respondent, Jorge J....
...CCH objected to this discovery on the grounds that the requests sought to invade CCH's peer review, work product and risk management privileges. After a hearing, the trial court entered the order we now review, concluding: 1. The only peer review privilege statute applicable to this case is that contained in [s]ection 395.0193, Florida Statutes....
...ity assurance. 2. There should be no proceedings of peer review without such reasonable belief that one or more grounds for discipline exists. If there were such proceedings of peer review, there is a peer review privilege from discovery. Fla. Stat. 395.0193(8)[sic]. However, if there were peer review proceedings without a reasonable belief that one of the grounds set out at section 395.0193(3)[sic] exists, there is no peer review privilege from discovery and complete discovery may be had. 3. It is therefore necessary for Cape Canaveral Hospital, Inc. to submit to the court for an in camera inspection documents indicating that a reasonable belief exists that one or more of the grounds at section 395.0193(3)[sic] existed prior to the commencement of the peer review panel's investigation....
...(Emphasis added). CCH argues that the trial court's order departs from the essential requirements of law by requiring it to submit documents for an in camera inspection indicating that a reasonable belief that one or more of the grounds specified in section 395.0193(3), Florida Statutes, existed prior to the commencement of the peer review panel's investigation of Dr....
...camera inspection by the trial court. Whether the trial court has misapprehended the scope of the privilege is a question we need not decide because to date, no discovery has been ordered. CERTIORARI DENIED. SAWAYA and TORPY, JJ., concur. NOTES [1] Section 395.0193(3), Florida Statutes (2001), sets forth the grounds, which, if reasonable belief exists, may constitute grounds for discipline and require a peer review panel investigation of a hospital staff member or physician....
...was permitted to file an amicus curiae brief in support of the petition. [3] The Florida Hospital Association, in its amicus curiae brief, argues in support of CCH's position that there is no authority for the trial court to limit the scope of the peer review privilege to the seven (7) grounds stated in section 395.0193(3), Florida Statutes....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 2006 WL 566084
...We find support for our conclusion in the Florida Supreme Court's advisory opinion regarding Amendment 7 rendered in Advisory Opinion to the Attorney General Re Patients' Right To Know About Adverse Medical Incidents,
880 So.2d at 620-21, wherein the court stated, "Unquestionably, the amendment would affect sections
395.0193(8) and
766.101(5) of the Florida Statutes (2003), which currently exempt the records of investigations, proceedings, and records of the peer review panel from discovery in a civil or administrative action....
...(2005) (reports of disciplinary actions); §
400.118, Fla. Stat. (2005) (quality assurance nursing homes); §
395.0191(8), Fla. Stat. (2005) (staff membership and clinical privileges); §
395.0197(4), (6)(c), (7), (13), Fla. Stat. (2005) (internal risk management); §
395.0193(8), Fla. Stat. (2005) (peer review). In addition, the Legislature has immunized the participants of such self-evaluation procedures from liability for actions taken. See, e.g., §
395.0191(7), Fla. Stat. (2005) (credentialing); §
395.0193(5), Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1999 WL 777530
...th care provider" as defined in section
766.101(1)(b), Florida Statutes (1997). Finding, as we will explain, that the documents sought by Appellee's subpoena and approved by the trial court's summary judgment are protected from discovery by sections
395.0193(7) and
766.101(5), Florida Statutes (1997), we reverse in part. Several interrelated statutes apply. The statutes of particular applicability are contained in chapter 395, Hospital Licensing and Regulations, and in chapter 766, Medical Malpractice and Related Matters. Section *1227
395.0193(2) provides in pertinent part as follows: Each licensed facility, as a condition of licensure, shall provide for peer review of physicians who deliver health care services at the facility....
...Each licensed facility shall develop written, binding procedures by which such peer review shall be conducted. Such procedures shall include: * * * (e) Recording of agendas and minutes which do not contain confidential material, for review by the Division of Health Quality Assurance of the agency. (Emphasis supplied). Section 395.0193(3) provides in part as follows: If reasonable belief exists that conduct by a staff member or physician who delivers health care services at the licensed facility may constitute one or more grounds for discipline as provided in this...
...review panel, shall suspend, deny, revoke, or curtail the privileges, or reprimand, counsel, or require education, of any such staff member or physician after a final determination has been made that one or more of the following grounds exist: * * * Section 395.0193(4) provides: All final disciplinary actions taken under subsection (3) shall be reported within 10 working days to the Division of Health Quality Assurance of the agency in writing and shall specify the disciplinary action taken and the specific grounds therefor....
...olved conduct by the licensee that is subject to disciplinary action, in which case s.
455.225 shall apply. The report shall not be subject to inspection under s.
119.07(1) even if the division's investigation results in a finding of probable cause. Section
395.0193(7) provides: The investigations, proceedings, and records of the peer review panel, a committee, a disciplinary board, or a governing board, or agent thereof with whom there is a specific written contract for that purpose, as describ...
...he said witness cannot be asked about his or her testimony before such a committee or opinions formed by him or her as a result of said committee hearings. In addition to and separate from the requirements for "peer review" of physicians required by section
395.0193 and section
766.101(2), each licensed facility is required by section
395.0197 to establish, as a part of its administrative functions, an internal "risk management program" that is "intended to reduce the frequency and severity of medical malpractice and patient injury claims." The "peer review" process of section
395.0193 and section
766.101 is directed toward physicians and the "peer review" focus is the "review of professional practices at the facility to reduce morbidity and mortality and to improve patient care." §
395.0193(2)(g), Fla....
...The disciplinary "peer review" investigation and the procedures and interpretations resulting therefrom are not a part of the "risk management program" required by section
395.0197. "Peer review" is a separate and distinct procedure required instead by section
395.0193. Appellee argues that section
395.0197(11) operates to override the privilege established by section
395.0193(7) so as to give Appellee the right of access to the record of the deliberations and opinions contained within the investigations conducted by peer review committees....
...The peer review panel makes recommendations to the hospital governing board which then considers the recommendations and decides upon its action. We conclude that the records of the investigative portion of the peer review panel are privileged from disclosure by sections
395.0193(7) and
766.101(5)....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1994 WL 617202
...On the same date, as part of the discovery process, the Bernsteins served Mt. Sinai with interrogatories. Mt. Sinai filed answers thereto, objecting to interrogatories 12 and 13, claiming that the information sought was privileged under sections
766.101 and
395.0193, Florida Statutes (1993)....
...ons shall not be subject to discovery or introduction into evidence in any civil or administrative action against a provider of professional health services arising out of the matters which are the subject of evaluation and review by such committee. Section 395.0193 provides that, (7) The investigations, proceedings, and records of the peer review panel, a committee, a disciplinary board, or a governing *532 board, or agent thereof with whom there is a specific written contract for that purpose,...
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 21558, 2006 WL 3780681
...Doe seeks review of the Department's order denying his motion to quash the subpoena. The outcome of this case turns upon the interpretation of seemingly conflicting statutes, sections
458.331(9) and
458.337(3), Florida Statutes (2005), and sections
395.0193(8) and
766.101(5), Florida Statutes (2005)....
...When read together, however, the statutes can be reconciled to promote the legislative intent behind each statute. Accordingly, we conclude that sections
458.331(9) and
458.337(3) permit the Department to subpoena this information for the purposes of its investigation of Dr. Doe, and that the provisions of sections
395.0193(8) and
766.101(5) do not prohibit the release of the information to the Department....
...The limited release of information to the Department is vital to Florida's physician disciplinary process, designed to assure acceptable levels of competence among physicians; it is not the type of public disclosure in a malpractice lawsuit or other civil or administrative claim that sections
395.0193(8) and
766.101(5) are intended to address....
...Doe became aware of the issuance of this subpoena and notified the hospital and the Department that he objected to the hospital releasing these records. He filed a motion to quash the subpoena with the Department, arguing primarily that the documents requested were privileged under sections
395.0193(8) and
766.101(5) and thus could not be released to the Department....
...n for potential discipline, it must furnish to the physician certain documents: For purposes of this subsection, such documents include, but are not limited to . . . a report of peer review disciplinary action submitted to the department pursuant to s. 395.0193(4) or s....
...458.337, providing that the investigations, proceedings, and records relating to such peer review disciplinary action shall continue to retain their privileged status even as to the licensee who is the subject of the investigation, as provided by ss.
395.0193(8) and
458.337(3)....
...basis for the Department's investigation of the physician. In turn, those documents will remain "privileged" for all other purposes. There is no dispute that the information sought by the Department's subpoena is generally privileged under sections
395.0193(8) and
766.101(5). Section
395.0193(8), which is located in chapter 395 of the Florida Statutes regarding hospital licensing and regulation, and section
766.101(5), which is located in chapter 766 of the Florida Statutes regarding medical malpractice and related matter...
...f physicians necessary to protect the public health and safety the statutes must be read in pari materia to conclude that the Department has access to peer review records under sections
458.331(9) and
458.337(3). As such, the language in sections
395.0193(8) and
766.101(5) that states that these records "shall not be subject to discovery or introduction into evidence in any civil or administrative action against a provider of professional health services" must be read to apply to "any ....
...re's intent, the legislature should generally be required to amend the statute, if that is necessary to fulfill its actual intent. In this case, however, we harbor no doubt that our holding, though it implies wording that is not explicit in sections
395.0193(8) and
766.101(5), fulfills the legislative intent and facilitates the implementation of the legislature's policies as set forth in the statutes regarding peer review and physician discipline as a whole....
...However, our record indicates that the hospital has previously opined that the documents requested should be available to the Department under the applicable statutes for use in the disciplinary proceedings against Dr. Doe. [6] Although section
458.337 does not specifically refer to the peer review process, section
395.0193 creates a state-mandated peer review process for hospitals to discipline physicians....
...rt concluded that the risk management review provisions were not intended to abrogate or overcome the peer review privilege provisions. Nothing in Bayfront conflicts with our decision in this case. [8] A review of the legislative history of sections
395.0193(8) and
766.101(5) reveals that prior to 1990 the statutes referred only to "any civil action." The "or administrative" language was added in 1990....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2013 WL 598417, 2013 Fla. App. LEXIS 2509
...tigation, irrespective of its outcome.”) (footnote omitted); Cedars Healthcare Grp., Ltd. v. Mehta,
16 So.3d 914, 917 (Fla. 3d DCA 2009) (granting certiorari in part and quashing trial court order erroneously denying immunity from suit pursuant to section
395.0193(5), Florida Statutes); Seminole Tribe of Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 17 I.E.R. Cas. (BNA) 142, 2000 Fla. App. LEXIS 15029
...d practice of fondling female patients during physical examinations. This alleged practice may be in violation of sections
458.331(1)(j) and 458.359, Florida Statutes (1995), which forbids sexual misconduct in the practice of medicine. Additionally, section
395.0193 mandates that (1) hospitals establish peer review systems to monitor and discipline physicians, and (2) establish procedures and policies to protect patients and deal with patient complaints....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1998 WL 796711
...Eckert, M.D., has filed a petition for writ of certiorari to the Board of Commissioners of the North Broward Hospital District ("District") seeking review of the District's decision to suspend Dr. Eckert's staff privileges at the Coral Springs Medical Center for two years, pursuant to section 395.0193, Florida Statutes (1997)....
CopyCited 1 times | Published | District Court, S.D. Florida | 2005 WL 3620200, 2005 U.S. Dist. LEXIS 30818
...Cir.2001). Importantly, not only did the Government reserve the right to control Dr. Kushner, it actually did so. His commanding officer suspended Dr. Kushner's hospital privileges on June 20, 2003 nine days after Kevin Bravo Rodriguez was born. Section 395.0193 of the Florida Statutes, "Licensed Facilities: peer review; disciplinary powers; agency or partnership with physicians" directly refutes this argument. Section 395.0193(3) provides the following: If reasonable belief exists that conduct by a staff member or physician who delivers health care services at the licensed facility may constitute one or more grounds for discipline as provided in this subse...
...review panel, shall suspend, deny, revoke, or curtail the privileges, or reprimand, counsel, or require education, of any such staff member or physician after a final determination has been made that one or more of the following grounds exist . . . § 395.0193(3), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 10720, 2009 WL 2382995
...ral Miami, HCA Inc., and Michael Joseph (collectively "the hospital") filed a petition for writ of certiorari to review a non-final order denying their motion to dismiss the Second Amended Complaint on the ground that they are immune from suit under section 395.0193, Florida Statutes (2002)....
...The petition challenges the denial of the motion to dismiss counts one, three, five, six and ten. [1] We conclude that the petition has merit as to counts one, three, five, and six. Chapter 395, Florida Statutes (2002), regulates hospital licensing. Section 395.0193, Florida Statutes, requires licensed facilities to "provide for peer review of physicians who deliver health care services at the facility." Id. § 395.0193(2)....
...review panel, medical staff, or disciplinary body, or its agents, investigators, witnesses, or employees; a committee of a hospital; or any other person, for any action taken without intentional fraud in carrying out the provisions of this section [395.0193]. Id. § 395.0193(5)....
...Thereafter, the plaintiffs brought suit against the hospital. The plaintiffs alleged among other things, that there was intentional fraud by the defendants in the peer review process. *917 The defendants claim that they are immune from suit pursuant to subsection 395.0193(5) because the allegations against them stem from the peer review process outlined in section 395.0193. They further argue that in order to overcome the subsection 395.0193(5) immunity, the plaintiffs were required to plead intentional fraud with particularity and that the plaintiffs have failed to do so. We agree with the defendants. Subsection 395.0193(5) offers immunity for "any action taken without intentional fraud in carrying out the provisions of this section [395.0193]." [2] To fall outside of the immunity provided by subsection 395.0193(5), plaintiffs were required to plead intentional fraud with particularity....
...Plaintiffs shall be given one further opportunity to amend these counts to plead fraud with particularity as required by Rule 1.120. Ordinarily, of course, an order denying a motion to dismiss is not reviewable in this court. However, this case falls within an exception to the general rule. Since subsection 395.0193(5) provides for immunity from suit, the denial order can be reviewed by way of certiorari at this time....
...3d DCA 2007) (granting a petition for certiorari seeking review of a denial of a motion to dismiss based on a claim of sovereign immunity). As to count 10, the allegations of defamation relate to a press release and do *918 not on their face implicate the peer review process. That count falls outside the protection of subsection 395.0193(5)....
...We deny certiorari as to count ten, without prejudice to the defendants to file a motion for summary judgment if later developments demonstrate a viable claim of immunity as to count ten. Certiorari granted in part and denied in part. NOTES [1] The counts at issue are: count one for violation of section 395.0193, Florida Statutes; count three for breach of the hospital bylaws; count five for tortious interference; count six for intentional infliction of emotional distress; and count ten for defamation. [2] At oral argument, the parties argued over whether intrinsic or extrinsic fraud was necessary for an exception to section 395.0193(5)....
CopyPublished | Supreme Court of Florida
...[n.10] 4 Weinstein, Evidence § 803(6)[01] at 803-151 (‘The test was not whether the particular type of record was being, made routinely, but whether the record was made in conjunction with a routine, established, regular operation.’).”); see generally § 395.0193, Fla....
CopyPublished | Florida 4th District Court of Appeal | 1995 Fla. App. LEXIS 12489, 1995 WL 699825
...when the administrator was not a party to the contract. Reversed and remanded for leave of the appellant to file an amended complaint. GLICKSTEIN and KLEIN, JJ., concur. . Section 395.0115, Florida Statutes (1991), has been amended and renumbered as section 395.0193, Florida Statutes (1993)....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 14899, 1998 WL 821711
...Fernandez filed and served a Verified Complaint for Emergency and Permanent Injunctive Relief, claiming the Hospital terminated his hospital staff privileges without a hearing in violation of the express provisions of its Bylaws, as well as the mandatory provisions of section 395.0193, Florida Statutes (1997)....
CopyPublished | Florida 4th District Court of Appeal | 2017 WL 2350138, 2017 Fla. App. LEXIS 7831
...staff members are. required to do every two years. As required by the “peer review” statute, applications for reappointment are first considered by the -re-credentials committee which makes a recommendation .to the- medical executive committee. § 395.0193(2), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Jan 23, 2024
...process does
not relieve it from state law recordkeeping and reporting obliga-
tions. As relevant here, the State of Florida requires BayCare to
maintain agendas and minutes of formal peer review meetings, see
Fla. Stat. § 395.0193(2), and report certain serious adverse patient
outcomes to the state within fifteen days, see id....
...Applying these exceptions, the district court found that
BayCare’s documents were not privileged because the quality files
and referral logs “are dual-purpose records that [BayCare was] re-
quired to make by Florida Statutes, § 395.0193(2).” That state law
requires that providers “develop written, binding procedures” for
peer review and provide agendas and minutes to the state....
...evidence in
any civil or administrative action against a provider of professional
health services arising out of the matters which are the subject of
evaluation and review by such group or its agent . . . .” Fla. Stat.
§ 395.0193(7) & (8)....
CopyPublished | Florida 3rd District Court of Appeal | 2001 Fla. App. LEXIS 2489, 2001 WL 219264
...severally liable. The Hospital does not dispute that where disciplinary action is taken against a doctor resulting in the suspension of privileges, the doctor is entitled to notice, hearing and due process as set forth in the hospital bylaws and in section 395.0193, Florida Statutes (1995), which entitlements Dr....
CopyPublished | District Court, S.D. Florida | 1997 U.S. Dist. LEXIS 12901, 1997 WL 535199
...The nonparties’ assertions In the instant Motion To Quash, nonparty-Kendall states that all categories of documents sought by Defendant are variously privileged and not discoverable because they: (1) are “peer review” records protected by Florida Statutes §§
395.0191(8),
395.0193(7), and
766.101(5); (2) contain names of patients or other identifying information protected by Florida Statute §
395.3025; and (3) are “cre-dentialling files” protected by either or both of the statutory protections cited supra....
...However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such civil action merely because they were presented during proceedings of such board.... Fla.Stat.Ann. §
395.0191(8) (West Supp.1997) (emphasis added). Section
395.0193(7) applies the same rule to a hospital’s “peer review panel, a committee, a disciplinary board, or a governing board.” Fla.Stat.Ann. §
395.0193(7) (West Supp.1997)....
CopyPublished | District Court of Appeal of Florida
and credentialing discovery immunities in section
395.0193(8), Florida Statutes (2020), and provided
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
...ollowing question: Are proceedings in a quality assurance program established by Halifax Healthy Families Corporation, designed solely to carry out peer review of physicians, exempt from compliance with the Government in the Sunshine Law pursuant to section 395.0193 , Florida Statutes? In sum: The exemption provided in section 395.0193 , Florida Statutes, for meetings of peer review panels of facilities licensed under chapter 395 , Florida Statutes, does not apply to the Halifax Healthy Families Corporation....
...ion
286.011 , Florida Statutes. That statute requires that meetings of a board or commission subject to its terms must be conducted in the sunshine. 2 You ask whether HHFC may utilize the exemption from the Government in the Sunshine Law provided in section
395.0193 , Florida Statutes, when conducting proceeding designed solely to carry out peer review of physicians. Section
395.0193 , Florida Statutes, requires each facility licensed pursuant to chapter 395 , Florida Statutes, to provide for peer review of physicians who deliver health care services at the facility....
...r grounds for discipline exist and the governing board of the licensed facility, after considering such recommendations, shall take appropriate action after a final determination has been made that one of the statutorily enumerated grounds exists. 4 Section 395.0193 (6), Florida Statutes, provides: The proceedings and records of peer review panels, committees, and governing boards or agent thereof which relate solely to actions taken in carrying out this section are not subject to inspection under s....
...licensed facility has a specific written contract with HHFC for HHFC to act as the facility's agent in peer review. Exemptions from the open government laws are to be strictly construed. 9 Inasmuch as HHFC does not fall within the plain language of section 395.0193 , Florida Statutes, this office has no authority to extend the exemption to cover the activities performed by HHFC. 10 Accordingly, absent specific exemption I am of the opinion that the provision contained in section 395.0193 , Florida Statutes, exempting meetings of peer review panels held solely to achieve the objectives of that section, does not apply to the Halifax Healthy Families Corporation....
...And see, Hough v. Stembridge,
278 So.2d 288 (Fla. 3d DCA 1973) sunshine law applicable to any gathering, whether formal or casual, of two or more members of the same board or commission to discuss some matter on which foreseeable action will be taken. 3 Section
395.0193 (2), Fla....
...(f) Review, at least annually, of the peer review procedures by the governing board of the licensed facility. (g) Focus of the peer review process on review of professional practices at the facility to reduce morbidity and mortality and to improve patient care. 4 Section 395.0193 (3), Fla. Stat. (1993). The governing board may suspend, deny, revoke or curtail the privileges, or reprimand, counsel, or require education, of any such staff member or physician. 5 Section 395.0193 (7), Fla....
...10 You refer to Attorney General Opinion 92-29, in which this office concluded that to the extent that a joint meeting of the quality assurance committee and board of directors of a county general hospital was held to carry out the provisions of section 395.0115, Florida Statutes 1991 (now section 395.0193 , Florida Statutes), the exemption provided by that statute would be applicable....
CopyPublished | Florida 2nd District Court of Appeal
...He also
asks us to quash the protective order entered in favor of respondent West
Florida-MHT, LLC d/b/a HCA Florida South Tampa Hospital (HCA), a
non-party below. Halpern and HCA argued, and the trial court agreed,
that all discovery sought by Castellano was privileged and confidential
under sections
395.0191(8),
395.0193(8), and
766.101(5),1 Florida
Statutes (2021), provisions which afford confidentiality in connection
with applications for hospital staff membership and clinical privileges,
hospital peer review and disciplinary proceedings, and hospital medi...
...Section
395.0191(8) prohibits the
discovery of "investigations, proceedings, and records" of a hospital board
"in any civil action against a provider of professional health services
arising out of matters which are the subject of evaluation and review by
such board." Similarly, sections
395.0193(8) and
766.101(5) contain the
same prohibition for the "investigations, proceedings, and records" of a
hospital's peer review panel or medical review committee. Section
395.0193 pertains to the "process of investigating and disciplining
physicians pursuant to the state-mandated peer review process."
§
395.0193(1)....
...matters which are the subject of evaluation and review by such board,"
and the matters subject to evaluation and review by the board in the
context of section
395.0191 are applications for staff membership or
clinical privileges. The same analysis applies to sections
395.0193 (peer
review) and
766.101 (medical review)....
CopyPublished | Florida 2nd District Court of Appeal
...He also
asks us to quash the protective order entered in favor of respondent West
Florida-MHT, LLC d/b/a HCA Florida South Tampa Hospital (HCA), a
non-party below. Halpern and HCA argued, and the trial court agreed,
that all discovery sought by Castellano was privileged and confidential
under sections
395.0191(8),
395.0193(8), and
766.101(5),1 Florida
Statutes (2021), provisions which afford confidentiality in connection
with applications for hospital staff membership and clinical privileges,
hospital peer review and disciplinary proceedings, and hospital medi...
...Section
395.0191(8) prohibits the
discovery of "investigations, proceedings, and records" of a hospital board
"in any civil action against a provider of professional health services
arising out of matters which are the subject of evaluation and review by
such board." Similarly, sections
395.0193(8) and
766.101(5) contain the
same prohibition for the "investigations, proceedings, and records" of a
hospital's peer review panel or medical review committee. Section
395.0193 pertains to the "process of investigating and disciplining
physicians pursuant to the state-mandated peer review process."
§
395.0193(1)....
...matters which are the subject of evaluation and review by such board,"
and the matters subject to evaluation and review by the board in the
context of section
395.0191 are applications for staff membership or
clinical privileges. The same analysis applies to sections
395.0193 (peer
review) and
766.101 (medical review)....
CopyPublished | Florida 2nd District Court of Appeal
...He also
asks us to quash the protective order entered in favor of respondent West
Florida-MHT, LLC d/b/a HCA Florida South Tampa Hospital (HCA), a
non-party below. Halpern and HCA argued, and the trial court agreed,
that all discovery sought by Castellano was privileged and confidential
under sections
395.0191(8),
395.0193(8), and
766.101(5),1 Florida
Statutes (2021), provisions which afford confidentiality in connection
with applications for hospital staff membership and clinical privileges,
hospital peer review and disciplinary proceedings, and hospital medi...
...Section
395.0191(8) prohibits the
discovery of "investigations, proceedings, and records" of a hospital board
"in any civil action against a provider of professional health services
arising out of matters which are the subject of evaluation and review by
such board." Similarly, sections
395.0193(8) and
766.101(5) contain the
same prohibition for the "investigations, proceedings, and records" of a
hospital's peer review panel or medical review committee. Section
395.0193 pertains to the "process of investigating and disciplining
physicians pursuant to the state-mandated peer review process."
§
395.0193(1)....
...matters which are the subject of evaluation and review by such board,"
and the matters subject to evaluation and review by the board in the
context of section
395.0191 are applications for staff membership or
clinical privileges. The same analysis applies to sections
395.0193 (peer
review) and
766.101 (medical review)....
