The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . See § 395.0197(3), Fla. . . . See § 395.0197(4)-(7), Fla. . . . licensed health care facilities, as a condition of licensure, to maintain peer review processes); § 395.0197 . . .
. . . ultimately produced certain responsive documents, which included Code 15 Reports (required by section 395.0197 . . . (7), Florida Statutes (2014)), Annual Reports (required by section 395.0197(6), Florida Statutes (2014 . . . See § 395.0197(4)—(7), Fla. . . . See § 395.0197(4)-(7), Fla. . . .
. . . Pursuant to Florida Statutes, [section] 395.0197, St. . . . Chapter 395 is entitled “Hospital Licensing and Regulation,” and section 395.0197 provides in pertinent . . . By the statute’s plain language, a section 395.0197 internal risk management program pertains to “adverse . . . Section 395.0197(5) defines “adverse incident” as “an event over which health care personnel could exercise . . . Based on this language, any claim pleaded under section 395.0197 is necessarily a medical negligence . . .
. . . they claim are the same as the incident reports required to be prepared and maintained under section 395.0197 . . .
. . . trumps the application of the statutory discovery protections set forth in sections 395.0191, 395.0193, 395.0197 . . .
. . . See §§ 395.0193, 395.0197, Fla. Stat. (2010). . . .
. . . peer review/risk management/quality assurance discovery limitations under sections 395.0191, 395.0198, 395.0197 . . . trumps the application of the statutory discovery protections set forth in sections 395.0191, 395.0193, 395.0197 . . .
. . . the disclosure of peer review and credentialing materials embodied in sections 395.0191, 395.0193, 395.0197 . . . that do not otherwise fall within the attorney work-product records protected under section 395.0197 . . . Section 395.0197 requires hospitals to maintain an “internal risk management program,” which addresses . . . See § 395.0197(1). . . . See § 395.0197(5), (7). . . .
. . . Section 395.0197(1), Florida Statutes (2005), requires every licensed facility, “as a part of its administrative . . . Palacio, Shands’ senior associate general counsel, stated in her affidavit that, pursuant to section 395.0197 . . .
. . . right, under section 381.028(7)(b)l, Florida Statutes (2006), to use the process identified in section 395.0197 . . . Additionally, Petitioner argued that, under sections 381.028(7)(b)l and 395.0197, Florida Statutes (2006 . . .
. . . that pursuant to this statute it must provide only certain reports (“Code 15” reports under section 395.0197 . . .
. . . otherwise provided by law, including, but not limited to, those contained in ss. 395.0191, 395.0193, 395.0197 . . . Using the process provided in s. 395.0197, the health care facility shall be responsible for identifying . . . records and statements in peer review are sections 395.0191(8), 395.0193(8), 766.101(5), 766.1016(2), and 395.0197 . . .
. . . The court stated: The access provided by section 395.0197(11) is limited to that pertaining to the “risk . . .
. . . disciplinary proceeding, but as part of its role in risk management review as set forth in section 395.0197 . . . Instead, section 395.0197(11) provided the agency access only to the "facility records necessary to carry . . .
. . . Stat. (2005) (staff membership and clinical privileges); § 395.0197(4), (6)(c), (7), (13), Fla. . . .
. . . interpreted consistent with case law interpreting almost identical provision for hospitals in section 395.0197 . . .
. . . Stat. 395.0197, as appropriate to such hospitals size, location, scope of services, physical configuration . . . component of an internal risk management program, which was added by legislative amendments to section 395.0197 . . .
. . . however, that, consistent with case law interpreting identical provisions for hospitals in section 395.0197 . . .
. . . from the Division of Administrative Hearings finding that appellant violated sections 395.002(15) and 395.0197 . . . AHCA filed an administrative complaint against appellant alleging a violation of section 395.0197(6), . . . Pursuant to section 395.0197(6)(b), Florida Statutes (1997), appellant, as a licensed hospital facility . . . In that the Legislature delegated to AHCA the power to enforce section 395.0197(6), Florida Statutes . . . As discussed above, section 395.0197(6)(b), Florida Statutes, is clear and unambiguous. . . .
. . . The provisions of this subsection are now contained in section 395.0197(4), Florida Statutes (2000). . . .
. . . Section 395.0197 requires that a risk management department be established to protect patients and deal . . .
. . . required by section 395.0193 and section 766.101(2), each licensed facility is required by section 395.0197 . . . Subsection 395.0197(5) requires licensed facilities to make annual reports to the agency summarizing . . . Appellee argues that section 395.0197(11) operates to override the privilege established by section 395.0193 . . . Section 395.0197(11) specifically provides as follows: (11) The agency shall have access to all licensed . . . The access provided by section 395.0197(11) is limited to that pertaining to the “risk management” program . . .
. . . comprehensive risk management program which fully complies with the substantive requirements of s. 395.0197 . . . comprehensive risk management program which fully complies with the substantive requirements of section 395.0197 . . . guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. § 395.0197 . . . These subsections were added to Section 395.0197, Florida Statutes (1995), by Chapter 95-319, section . . . See §§ 395.0197(1)(a), (5)(c), Fla. Stat. (1993). . . .
. . . See § 395.0197(4), Fla. Stat. (1997). PETITION DENIED. DAUKSCH and COBB, JJ., concur.. . See Fla. . . .
. . . to choose between foregoing the statutorily created privilege for risk management material (section 395.0197 . . .
. . . . § 395.0197(4), Fla.Stat. (1993); Fla.R.Civ.P. 1.280(b)(3); Bay Medical Center v. . . .