"Corporate Practice of Medicine" Doctrine
The WSMA supports the clarification of the "Corporate Practice of
Medicine" Doctrine in such a way as to:
- Preserve independent clinical decision-making;
-
Provide protection to physicians who bring to light quality of care
concerns arising out of an employment situation;
-
Prohibit non-compete clauses in physician-hospital employment contracts;
-
Require that hospitals and employed physicians be insured for
professional negligence separately and that physicians be allowed to
select their own carrier;
-
Require that medical staff and clinical privileges be considered
separately from employment considerations;
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That physicians be allowed to own hospitals and ambulatory care centers;
and,
-
That closed medical staff policies be prohibited within any hospital
facility in Washington State; assuming the provider meets that
hospital's medical staff requirements.
(EC Rpt I, A-94) (Reaffirmed A-23)
The WSMA support a regular anonymous survey of Washington physicians and
physician assistants on issues including, but not limited to, job
conditions, quality of patient care, job satisfaction, interference with
“standard of care” practice of medicine by unlicensed individuals or
entities, and whether not-for-cause employment terminations (or the threat
thereof) are witnessed, and survey results will be publicly available.
(C-9, A-21)
The WSMA will advocate for introduction of legislation in the 2022 legislative session increasing accountability for nonprofit hospitals and health care service corporations, that addresses the following components:
1. Department of Health will survey licensed health professionals on the quality of care within their institutions
2. Defense against interference with the practice of medicine by unlicensed individuals.
(C-5, A-21)
The WSMA will support legislation to strengthen corporate practice of medicine (CPOM) restrictions in Washington state and will provide input to protect physician autonomy in clinical and business decision making, close loopholes and ensure effective implementation. (Res B-7, A-25)
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Abbreviations for House of Delegates report origination:
EC – Executive Committee; BT – Board of Trustees; CPA – Council on
Professional Affairs; JC – Judicial Council; CHS – Community and Health
Services