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Managing Disruptive Physicians in the #MeToo Era

(189 reviews)

Produced on April 08, 2019

$ 59 Health Care Law and Labor & Employment Law In Stock
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Course Information

Time 62 minutes
Difficulty Intermediate

Course Description

Disruptive behavior in medical settings can foster medical errors, contribute to poor patient satisfaction, and compromise staff morale. According to the Joint Commission, unprofessional and disruptive behavior can manifest itself in many forms, including sexual harassment, which unnecessarily places patients, employees, and employing institutions at risk. Such behavior can also foster medical errors, contribute to poor patient satisfaction, compromise staff morale, and has the potential to interrupt or end medical training and careers. As evidenced by the #MeToo and Times Up movements, such behavior may lead to lawsuits, exorbitant economic costs, and long-lasting reputational harm. To promote a culture of safety, healthcare employers – particularly hospitals – must take steps to educate staff about, avoid and promptly respond to incidents of sexually harassing behavior.

This program will review legal principles, actual cases involving sexual harassment and hostile work environment claims, and case studies. Participants will be encouraged to recognize the early signs of unprofessional behavior that, if allowed to continue, may adversely impact patients, staff, and healthcare employers, while threatening the careers and/or residency training of physicians and residents. The discussion will focus on how sexually-hostile behaviors in a healthcare environment implicate the ACGME core competencies, particularly Professionalism, Interpersonal and Communications Skills, and Systems-Based Practice. The presenters will also identify and discuss strategies and mechanisms for promoting professionalism and preventing and responding to unprofessional behavior.


Learning Objectives:

  1. Define professionalism and understand the consequences of professional misconduct, including accountability from leadership, licensure oversight and reporting obligations
  2. Discuss the relationship between professionalism and ACGME core competencies
  3. Review laws, bylaws, and policies prohibiting harassment, including sexual harassment, as well as resources and tools for ensuring for professionalism in the workplace and successful residency training
  4. Identify appropriate types of progressive discipline, remediation, and corrective action

Credit Information

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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 V.P. in the Office of Legal Affairs at Northwell Health, Inc. (“Northwell”), which includes a network of 23 hospitals, long-term-care facilities and home care agencies, and nearly 600 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. Northwell currently has approximately 63,000 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 Northwell'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 Northwell leadership, risk managers, and medical staff services personnel. In addition, Ms. McMahon provides training and counseling to and representation of Northwell management in a variety of labor and employment matters, including administrative agency proceedings, arbitrations and litigation. 

 

Prior to joining Northwell in 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.

 



Reviews

KR
Kristi R.

Very interesting and informative course presented in a manner that was easy to understand! Great job!

RB
Robert B.

Good back and forth between presenters.

GN
Gregory N.

Excellent presentation on a timely and a "today problem". Got to the point of handling a superstar physician.

TB
Trevor B.

Excellent presentation!

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