The U.S. Department of Health and Human Services, Health Resources and Services Administration, Bureau of Health Professions, Division of Practitioner Data Banks manages the National Practitioner Data Bank (NPDB). That agency issued its NPDB Guidebook to assist the health profession determine when a report to the NPDB is required.
One issue that has been problematic is what to do about a physician who gets an automatic suspension of hospital privileges because of a failure to timely complete a medical record and that suspension lasts longer than 30 days. Historically, such a suspension was viewed as an administrative matter that bore no relationship to a physician’s professional competence nor had any impact on patient health or welfare. As such, no report was made to the NPDB of the suspension even if it lasted more than 30 days. That may now have changed.
On July 30, 2009, the Director of the Division of Practitioner Data Banks, Mr. Daryl Grey, issued a letter which represents the NPDB official position on the obligation to report a suspension for failure to complete medical records that lasts more than 30 days. In the letter Mr. Grey stated that it was the NPDB’s official position that “a failure to complete medical records is related to a physician’s professional competency or conduct and almost always has the potential to adversely affect a patient’s health or welfare.” He also indicated that the much anticipated update to the NPDB Guidebook, expected to be released by years end, will provide further clarification on the issue of such reporting.
The “further clarification” may soften the “official” stance some. An American Health Lawyers Association practice group alert of August 6, 2009, noted that discussions with senior NPDB advisors recognized that while delay in completing medical records is not uncommon and not all suspensions are reportable, those physicians who are chronically late or who have lengthy time lapses in preparing the needed records may well be deemed to be acting in such a way that actual or potential adverse effects on patient health can occur. In such a case a report to the NPDB would be required.
Simply put, failure to complete the medical record in a timely manner resulting in a suspension of privileges may soon be viewed as a reportable event to the NPDB and not just an administrative matter not requiring a report. It is suggested that prompt completion of the record must become the habit of every physician to avoid a mandatory report to the NPDB by the hospital.
Author: R. Thomas Bodkin (bio)
Phone: 812.452.3562
Email: tbodkin@bamberger.com
Tags: American Health Lawyers Association, complete medical records, DPDB, Healthcare Industry Law, National Practitioner Data Bank
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