which one of the following steps can shield against discovery of an incident report?
a. conducting a peer review
b. following HIPAA regulations
c. invoking the work product doctrine
d. reporting to the NPDB
following hipaa regulations
The step that can shield against discovery of an incident report is c. invoking the work product doctrine.
To determine which one of the following steps can shield against the discovery of an incident report, let's go through each option:
a. Conducting a peer review: Conducting a peer review refers to the process of having other professionals in the same field review and evaluate an incident report for quality improvement purposes. While peer review can help identify areas for improvement and maintain confidentiality within a professional setting, it may not necessarily shield against the discovery of an incident report in a legal context.
b. Following HIPAA (Health Insurance Portability and Accountability Act) regulations: HIPAA regulations are legislation designed to protect the privacy and security of individually identifiable health information. Although incident reports may contain protected health information (PHI) covered under HIPAA, the regulations primarily focus on the privacy and security of patient information rather than providing legal protection for incident reports specifically. Therefore, while HIPAA compliance is crucial for maintaining the confidentiality of patient information, it may not shield against the discovery of an incident report.
c. Invoking the work product doctrine: The work product doctrine is a legal concept that protects documents, materials, and information created in anticipation of litigation or for the purpose of legal representation. Incident reports created in the context of a legal dispute or potential litigation may be protected under the work product doctrine, as long as they were prepared by or for the party's attorney. Invoking the work product doctrine can potentially shield against the discovery of an incident report in legal proceedings.
d. Reporting to the NPDB (National Practitioner Data Bank): The NPDB is a federally run database that collects information regarding the professional competence and conduct of healthcare practitioners. While reporting to the NPDB is essential for ensuring transparency and accountability in healthcare, it does not shield against the discovery of an incident report. The NPDB collects information for the purpose of sharing it with authorized users, such as hospitals, state licensing boards, and other healthcare entities.
Based on the explanations above, the step that can shield against the discovery of an incident report is:
c. Invoking the work product doctrine.