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What should not trigger a fair hearing?

Medical Staff Leader Connection, May 10, 2006

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Last week we talked about the actions that should trigger the fair hearing and appeal due process. This week, let's talk about and clearly state what actions should not trigger a fair hearing. In general, unless an adverse recommendation pertains to clinical incompetence or unprofessional conduct, the fair hearing due process should not be triggered. Some examples of actions that should not trigger a fair hearing are:

• issuance of a letter of guidance, warning, or reprimand
• precautionary suspension
• involuntary termination of temporary privileges
• denial of a request for a leave of absence, or for an extension of a leave
• determination that an application is incomplete
• determination that an application will not be processed due to a misstatement or omission
• voluntary relinquishment of staff appointment or privileges
• not being granted a clinical privilege because of not meeting an established minimal threshold criteria for that privilege
• not being eligible for privileges that are granted only via an exclusive contract arrangement
• changing or refusing to change a staff category or department assignment

Having a clear understanding that only adverse recommendations pertaining to clinical incompetence or unprofessional conduct trigger a fair hearing will serve you well and prevent unnecessary time, agony, money, and medical staff leadership burnout.

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