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This Isn't Boston Legal

Credentialing Resource Center Connection , December 18, 2008

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Anne R. Buss, CPMSM, CPCS, is a medical staff consultant based in Fayetteville, AR.

Dear credentialing colleague:

I walked by my director’s office earlier this week and noticed her staring down at a credentials file on her desk with a worried look. I waved and she motioned me in. She told me she had received a subpoena for the file she was reviewing—a scenario that is every medical staff professional’s worst nightmare.

She said that although she had already had the file copied and sent to the requesting attorney and the risk management office she wanted someone else to look at it before she met with the hospital’s attorney. I asked her if she ever had to testify in a case involving questionable credentials. She had. In fact, she said she had given several depositions before and the policies and procedures utilized in the credentialing of the medical and allied staff had always proven to be sufficient. Nonetheless, it always helps to be prepared, and that is how she wanted to approach the current situation.

She received the following guidance from the hospital attorney. Should you find yourself in a similar situation, these guidelines may be useful:

• Know the facts in your file.
• Always tell the truth.
• Take your time and think before you speak.
• Answer only the particular question you are asked and do not volunteer additional information.
• Never guess. If you don’t know, say so.
• Never volunteer any documents Leave that to the attorney questioning you.
• If the attorney objects to a particular phrase or question, listen to the objection carefully. The attorney is alerting you to a possible problem and is directing you to the best answer.
• Try to stay calm, confident, and professional.
• Do not attempt to educate the plaintiff attorney if he/she seems confused or unable to understand a term or procedure you have mentioned. It is often a trap to get you to expand on your information.
• Don’t hesitate to ask the hospital attorney about anything you don’t understand.

As I walked back to my desk, I reflected on what a heavy task it was to be guardian of the credential and peer review files, meeting minutes, and quality data.

Remember, those who are afraid to ask are afraid to learn.

All the best,
Anne R. Buss, CPMSM, CPCS

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