Managing Disruptive Physicians: A Primer for the In-House Healthcare Attorney

(553 Ratings)

Produced on: January 29, 2015

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 62 minutes
Difficulty Intermediate

Join Mintz Levin member Nili S. Yolin and NSLIJ Senior Associate General Counsel Colleen McMahon as they discuss how joint commission standards and bylaws can help create, administer and oversee an effective structure for addressing unprofessional conduct in a healthcare setting. 

 

The course will explore patterns of disruptive conduct, the consequences of such conduct, appropriate institutional responses, reporting, notice and hearing requirements, and other effective management strategies to promote professionalism and minimize legal exposure to the institution.

 

Learning Objectives:

I.   Understand patterns of disruptive conduct

II.  Comprehend reporting, notice and hearing requirements 

III. Grasp effective management strategies to promote professionalism and minimize legal exposure to the institution

Program Attorney: Sigalle Barness

Faculty

Nili S. Yolin

Mintz Levin

Nili focuses her practice on complex transactions, regulatory compliance, and graduate medical education matters. She has extensive experience in health care transactional matters such as hospital joint ventures, mergers, acquisitions, and affiliations. She also assists proprietary and tax-exempt hospital systems with medical staff matters, organizational documents, and negotiating agreements with third-party vendors.

 

Her regulatory practice involves assisting clients in the development of corporate compliance programs, structuring proposed transactions, and business relationships to comply with federal and state anti-kickback and self-referral statutes, HIPAA and health information privacy, and tax-exemption rules. She also counsels payor clients on both governmental and internal audits, developing and implementing state-approved management and provider contracts, and claims processing disputes with providers.

 

Nili’s practice also includes regularly assisting academic medical centers, teaching hospitals, and residency training programs across the country with ACGME accreditation issues, including program evaluations, compliance with the Institutional, Common, and Program-Specific Requirements, and appeals of adverse actions by the various Residency Review Committees of the ACGME.

 

During law school, Nili was the Second Circuit review editor for the Brooklyn Law Review.

 

Recognitions & Awards

New York Super Lawyers: Rising Star - Health Care (2014)

 

Professional & Community Involvement

Member, New York Bar Association

Member, American Healthcare Lawyers Association

Colleen McMahon

Northwell

Colleen McMahon serves as Senior Associate General Counsel in the Office of Legal Affairs at North Shore-Long Island Jewish Health System (“NSLIJ”), which includes a network of eighteen hospitals, long-term-care facilities and home care agencies, and nearly 400 regional ambulatory locations and physician practices serving more than seven million people in New York communities in and around Long Island, Manhattan, Queens, and Staten Island.  NSLIJ currently has approximately 54,000 employees and 12,000 credentialed health care professionals, including employed and voluntary physicians, physician assistants, and other allied health professional staff.  

 

In addition to counseling and training medical staff leadership on physician discipline and corrective action matters, Ms. McMahon represents NSLIJ’s hospitals in medical staff hearings in accordance with the hospitals’ Medical Staff Bylaws.  Ms. McMahon also oversees all aspects of litigation arising from such proceedings, and counsels NSLIJ leadership, risk managers, and medical staff services personnel.  In addition, Ms. McMahon provides training and counseling to and representation of NSLIJ management in a variety of labor and employment matters, including administrative agency proceedings, arbitrations and litigation.  

 

Prior to joining NSLIJ in July of 2007, Ms. McMahon was a member of the Litigation and Arbitration practice group at Garfunkel, Wild & Travis, P.C., where she specialized in employment discrimination, hospital governance, and physician credentialing matters.  Previously, Ms. McMahon served a two-year term as a judicial law clerk to the Honorable Joanna Seybert of the United States District Court, Eastern District of New York and was a litigation associate at Farrell Fritz, P.C.  Ms. McMahon graduated cum laude from St. John's University School of Law in 1999, where she was a Notes and Articles Editor on the St. John's Law Review.  Since 2000 Ms. McMahon has been a member of the New York State Bar, and she also is admitted to practice in the United States District Court in the Eastern and Southern Districts of New York.

 

Sigalle Barness, Esq. is the Vice President of Content at Lawline and oversees all content and production operations. Specifically, Sigalle researches industry and market trends, forges and cultivates relationships with professionals and recruits expert speakers.

Sigalle also analyzes market trends and applies insights to develop and execute written and video content including online educational programming, email marketing, social media campaigns, press releases, blog articles and large scale live events.

Sigalle graduated summa cum laude from Rutgers University and holds a B.A. in English. She received her J.D. in 2010 from Benjamin N. Cardozo School of Law in New York, NY. Sigalle is admitted to practice in both New York and New Jersey. She is also an active ACLEA member, former Co-Chair of the ACLEA Programming SIG from 2013 - 2015 and incoming Co-Chair for the Nationals SIG.

Before joining Lawline in March 2012, Sigalle litigated civil claims in areas such as landlord tenant, breach of contract and tax lien and mortgage foreclosures actions. She also handled transactional matters such as drafting residential and commercial leases, demand letters, client conflict waivers and various other agreements.

Sigalle is an avid lover of music, video games, blogging, asking questions and all things food. She is also fluent in Hebrew and enjoys writing fiction, traveling and scuba diving. Click here to see Sigalle’s online resume.

Follow Sigalle:

Reviews

SH
Summer H.

Very good presenters.

NP
Nirav P.

An outstanding, high yield course providing real-world clinical scenarios. As a board-eligible plastic surgeon and NYS attorney (recently graduated from residency), I found the lecture and materials incredibly useful. In fact, I shared them with two colleagues who are residency program directors to keep as references in their digital files.

BB
Benjamin B.

very informative, prepared speakers

LB
Laurie B.

Interesting topic.

MG
Marti G.

Engaging and informative program. The faculty clearly is highly experienced and knowledgeable.

EB
Edward B.

Difficult subject - well presented and I think the subject is very difficult in practice

EC
Ellen C.

Very well done

LS
Leonard S.

Very relevant to what I do.

GJ
Glenn J.

Ms. Olin was great.

JE
Jodi E.

Excellent program.

DW
David W.

Good program.

VO
Veronica O.

Both speakers were fantastic! Great use of fact patterns made the presentation interesting. Highly recommend.

JH
John H.

really solid course speakers--effective to have in-house & law firm counsel on the same subject

BH
Bill H.

good practical advice

GF
Gail F.

As a Nurse and Attorney practicing in the same hospital for over 20 years, I have dealt with similar issues. Wish they had more time.

DM
David M.

Wonderful presentation.

MW
Misty W.

Course gave insightful tips and information along with helpful examples.

BY
Barbara Y.

Great topic and two knowledgeable and effective speakers. I really enjoyed this session an liked the use of the case studies.

RC
Robert Z C.

Thia could have been a longer course.

CW
Christy W.

Felt speaker presented really well.

PM
Patricia M.

I found it really interesting and valuable.

SW
Susan W.

Very well done.

KS
Kerry S.

I enjoyed this presentation.

CL
Clinton L.

complicated subject

JP
Judith P.

Yolin and McMahon did a nice job. The worked well together and provided a coherent view on the topic. It was interesting to have insights into different perspectives.

JK
John K.

Outstanding presentation, covering an out-of-the-way topic in a great and entertaining fashion.

KT
Karen T.

This is not an area in which I practice, but I learned many strategies that could be applied in other areas. The speakers were knowledgeable and interesting.

LH
Lynn H.

This was an excellent presentation by obviously well-qualified presenters.

KC
Karen C.

Excellent presetnation

PP
Phillip P.

It could have been a little longer - but great presentation.

BF
Becky F.

very good seminar... one of the best I've listened to on live streaming

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