1. "... prevents physicians from simply being able to move to the next hospital, potentially placing patients in danger, without undergoing peer review."
There is nothing in AB 1235 that prevents bad physicians from being able to move to another hospital after wrongdoing at a previous hospital.
2. " It will also require the sharing of peer review information between legitimate peer review bodies to avoid duplication and ensure that
physicians in need of quality improvement receive it."
The operative legal precedent regarding the duties and responsibilities of hospitals to share with each other information
6. " The bill specifies the powers of the hearing officers to maintain decorum and a timely hearing process."
7. " Additionally, the bill allows physicians to be fairly represented in this hearing process."
Absolutely FALSE, because AB 1235 allows for exceptions, such as if a physician is represented by counsel and later, for whatever reason,
is not represented by counsel, the hospital is still entitled to continue to be represented by counsel, while the physician is not represented.
Sounds fair and reasonable, doesn't it ?
Dear Governor Schwarzenegger,
To Err is Human and CMA is not immune to such shortcoming, but according to Seneca the Younger:
Subject: Fwd: URGENT ! - AB 1235 - Was CMA taken over by CHA ?
Date: September 20, 2010 12:17:17 AM PDT
Subject: URGENT ! - AB 1235 - Was CMA taken over by CHA ?
Accordingly, please provide me the evidence that supports your allegation that:
"The California Hospital Association has made AB 1235 their top target to kill this year and has generated hundreds of letters urging the
Governor to veto the bill."
In the sample letter, that you ask the Specialty Societies to send to the Governor, you have some bold statements.
Kindly, explain to me how AB 1235, as written presently,
1. "... prevents physicians from simply being able to move to the next hospital, potentially placing patients in danger, without undergoing
peer review."
2. " It will also require the sharing of peer review information between legitimate peer review bodies to avoid duplication and ensure that
physicians in need of quality improvement receive it."
6. " The bill specifies the powers of the hearing officers to maintain decorum and a timely hearing process."
7. " Additionally, the bill allows physicians to be fairly represented in this hearing process."
Please, allow me to ask you a few questions in order to understand CMA's process:
Attached is a draft letter for each bill. Please personalize
the letter so that it does not appear to be a form letter.
o Please fax a copy of your letter to 916-551-2549 or email it
to Nicole at nmadani@cmanet.org <mailto:nmadani@cmanet.org>
o We have included a cc on the letter for the author of the
bill and we will send copies of your letters to the author.
· Please also forward the alert to your members and ask
that they *CALL, EMAIL, or FAX the Governor* *as soon as
possible and urge him to sign AB 1235. *Below is contact
information for Governor Schwarzenegger.
* *
*Phone: 916-445-2841*
*Fax: 916-558-3160*
*Email: http://gov.ca.gov/interact#email*
Thank you,
David
Date
Governor Arnold Schwarzenegger
State Capitol Building Sacramento, CA 95814
Dear Governor Schwarzenegger,
I am writing on behalf of the (Name of Specialty Society) to respectfully request your signature on AB 1235, which seeks to improve the peer
review system in California and ensure that quality health care is being provided to patients. Currently, the peer review system works very well
in most facilities, but it can be open to manipulation and unreasonable delay in others. This bill creates an environment more conducive to peer
review through increased fairness and transparency so that physicians and surgeons are continuously monitored and assessed to improve the
quality of care provided to patients.
AB 1235 limits the ability of physicians to avoid peer review when hospitals terminate contracts when quality of care concerns have been raised.
This prevents physicians from simply being able to move to the next hospital, potentially placing patients in danger, without undergoing peer review.
It will also require the sharing of peer review information between legitimate peer review bodies to avoid duplication and ensure that physicians
in need of quality improvement receive it.
Further, the bill allows for peer review to be done external to the facility where the physician practices. This provision is appropriately limited to
circumstances where peer review is ineffective, nonexistent, or biased. By allowing this limited external review, it is more likely that unnecessary
delay will be eliminated and fairness will be added to the system, thus protecting patients.The bill also eliminates delay and guarantees fairness
in panel hearings by specifying the qualifications and powers of hearing officers. The bill requires that hearing officers be free from conflicts of
interest and sufficiently qualified to lead these quasi-judicial hearings. The bill specifies the powers of the hearing officers to maintain decorum
and a timely hearing process.
Additionally, the bill allows physicians to be fairly represented in this hearing process.
The peer review process is an important quality control measure that continuously monitors and assesses care provided by physicians to improve
quality. For these reasons, our medical society urges your approval of this measure. Thank you.
Sincerely,
YOUR NAME HERE
Cc: Assembly Member Mary Hayashi