1. Why the National Practitioner Data Bank Matters to You and Your Clients Mark V. Gende, Esq. Sweeny, Wingate & Barrow, PA Columbia, South Carolina

2. What is the NPDB? Information clearing house Collect and release certain information Professional competence and conduct Physicians Dentists Other health care practitioners

3. Why did Congress Create NPDB? Increasing medical malpractice litigation Need to improve quality of medical care National problem states unable to address Restrict incompetent physicians movement Promote effective peer review by – Incentives (fines) – Protection (confidentiality) Reduce health care fraud and abuse (NIPDB)

4. A Brief History of the NPDB Health Care Quality Improvement Act of 1986 (Title IV) Medicare and Medicaid Patient and Protection Act of 1987 (Section 1921; NPDB) Health Insurance Portability and Accountability Act of 1996 (Section 1128E; HIPDB) Patient Protection and Affordable Care Act of 2010 (merge NPDB and HIPDB)

5. The Merger of NPDB and NIPDB NIPDB consolidated with NPDB May 6, 2013 Final regulations published April 5, 2013, Codified at 45 CFR Part 60 Draft NPDB Guidebook published November 2013 Comment period on Revised NPDB Guidebook closes on February 5, 2014 New NPDB Guidebook will be posted at http://www.npdg.hrsa.gov

6. What about the NPDB is important to litigators? Basic reporting requirements Basic querying access Where you are likely to encounter the NPDB The NPDB web site

7. Basic Reporting Who is reported? – Physicians – Dentists – Other practitioners – Entities – Providers – Suppliers

8. Basic Reporting Who reports? – Medical malpractice payers – Hospitals – Other self-insured healthcare entities – Professional societies – Health plans – Peer review organizations – Various State and Federal agencies

9. Basic Reporting What is reported? – Medical malpractice payment from A written claim A judgment – Certain adverse clinical privileges actions – Certain adverse professional society membership actions – DEA controlled substances registration actions – Exclusions from Medicare, Medicaid

10. Basic Reporting When is a report made? – Within 30 days from Date action taken Date payment made What are the basic report formats? – Medical Malpractice Payment Report (MMPR) – Judgment or Conviction Report – Adverse Action Report

11. Basic Reporting What is in a report? – Age of claimant – Sex of claimant – Patient type (in or out) – Initial Event (medical condition of patient) – Procedure performed – Claimant’s allegation – Associated legal and other issues – Outcome

12. Basic Reporting Example of a MMPR A 65-year-old male outpatient had a prostate exam by Dr. A. Six months later, the patient was diagnosed by Dr. B with prostate cancer and underwent surgery. One year later, the patient sued Dr. A for alleged failure to diagnose. A settlement was reached in the amount of $250,000. (Source: NPDG Guidebook, September 2001)

13. Basic Querying What is querying? – Ability to access NPDB reports Who must/may/may not query? – Hospitals (must) – State licensing boards – Professional societies – Other health care entities – Attorneys – Physicians, dentists, practitioners concerning self – Medical malpractice payers (cannot)

14. Attorney Querying Plaintiffs’ attorneys – Filed medical malpractice action/claim – Against hospital – Evidence reveals hospital failed to query – Practitioner also named in the action/claim Defense attorneys – Not permitted to query – Defendant practitioner can self-query

15. NPDB and the Litigator Advise your client early about NPDB reporting – As it relates to settlement – As it relates to reporting – Memorialize your advice Clients surprised by NPDB reporting – File grievances – May impact representation opportunities With other medical providers With your carrier

16. NPDB and the Litigator Carrier asks you to draft the report – Consult the Guidebook – Coordinate draft with carrier – Coordinate draft with client – Memorialize all communications

17. NPDB and the Litigator Challenging a filed report – Retained by a practitioner – Well defined appeals process – Typically courts have upheld the NPDB

18. Leaning More about the NPDB The Draft NPDB Guidebook The U.S. Department of Health and Human Services web site – http://www.npdb.hrsa.gov http://www.npdb.hrsa.gov – Wealth of interesting statistical information – Statistical Data / NPDB research statistics

19. United States

20. South Carolina (all practitioners)

21. South Carolina (physicians)