CHA News Article

Court Grants CHA’s Request to Publish Opinion
Decision addresses peer review issues

The California Court of Appeal for the fourth appellate district yesterday granted CHA’s request to publish its opinion in Powell v. Bear Valley Community Hospital. The Court of Appeal affirmed a trial court’s decision that the hospital was not required to give Dr. Powell a hearing prior to the expiration of his provisional privileges or to extend those privileges until a hearing could be held, because the physician refused to submit requested documentation. The court also clarified two other important issues in the peer review process: what it means for a hospital’s governing board to give “great weight” to the recommendation of the Medical Executive Committee, and when and how the board may exercise its independent judgment in making a final peer review decision.

The appellate court decision, attached, was unpublished when released, but CHA (among others) filed a letter requesting that the court publish it because it addressed and clarified these recurring issues in peer review. The appellate court agreed to publish the decision; attorneys in future cases may now rely on it.