Pa. High Court Ruling Erodes Medical Peer Review Protection

By Robin Locke Nagele (March 30, 2018, 10:40 AM EDT) -- On March 27, 2018, the Pennsylvania Supreme Court decided Reginelli v. Boggs, its first major peer review analysis in more than two decades since its plurality decision in McClellan v. HMO of Pennsylvania[1]. The opinion is striking and signals two very significant shifts in Pennsylvania peer review analysis. First, the court held that a physician practice group that employed physicians and other licensed health care providers did not qualify for peer review privilege protection either for its own internal peer review activities or for peer review activities that it had been engaged to conduct on the hospital's behalf. Second, the court, in dicta, appears to have eliminated peer review protection for hospital credentialing....

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