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Michael Callahan Featured in "New PSO Guidance Raises Questions Over Patient Safety Work Product Privilege" White Paper

Firm News | August 2016

Health Care partner Michael Callahan was interviewed by HCPro for the article "New PSO guidance raises questions over patient safety work product privilege." The US Department of Health and Human Services (HHS) published the guidance in order to clarify which documents are considered PSWP and are therefore protected from discovery during litigation. Michael noted that this guidance may impact how discoverability disputes are handled in court, suggesting that disputes could arise regarding the reports that hospitals are required to collect and maintain pursuant to state and federal law. Despite the guidance stating that such information doesn't qualify as PSWP, Michael points out that state and federal laws don't always have clear language detailing what information hospitals must collect and maintain. "You will seldom find in the state and federal laws a specific list of documents which identifies the kinds of records and reports a provider is required to maintain and collect and to make available for inspection by a governmental authority," he said. "It is not that clear cut and hospitals use different terminology." Michael also pointed out that the health care industry does not agree with the HHS interpretation and further, because it is only an interpretation it has no legal or binding effect on the courts. ("New PSO Guidance Raises Questions Over Patient Safety Work Product Privilege," August 2016)

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