prpa privilege (Pennsylvania) · Go Syfert
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prpa privilege in Pennsylvania

10 Pennsylvania opinions name it 3 courts 2006–2022 4 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Ungurian, S. v. Beyzman, A., M.D.green
pasuperct · 2020 · cited in 4 Pennsylvania opinions naming this issue, 2021–2022
2 sentences

2022See Ungurian v. Beyzman, 232 A.3d 786, 800 (Pa.Super. 2020) (“Because the Patient Safety Committee includes members of the community served by Hospital, the Committee is not exclusively comprised of ‘professional healthcare providers.’ Accordingly, Hospital failed to satisfy its evidentiary burden of proving the applicability of the PRPA privilege to the Patient Safety Committee Meeting Minutes.”).

2022See Ungurian v. Beyzman, 232 A.3d 786, 800 (Pa.Super. 2020) (“Because the Patient Safety Committee includes members of the community served by Hospital, the Committee is not exclusively comprised of ‘professional healthcare providers.’ Accordingly, Hospital failed to satisfy its evidentiary burden of proving the applicability of the PRPA privilege to the Patient Safety Committee Meeting Minutes.”).

44
Reginelli v. Marcellus Boggs, M.D., Monongahela Valley Hosp., Inc.green
pa · 2018 · cited in 3 Pennsylvania opinions naming this issue, 2019–2020
2 sentences

2020Reginelli, 181 A.3d at 306 .

2019Thus, [323 MAL 2019] - 4 the PRPA’s immunity and confidentiality provisions reflect the legislature’s effort “to foster free and frank discussion by review organizations.” Id. (quoting Sanderson v. Frank S. Bryan, M.D., Ltd., 522 A.2d 1138, 1140 (Pa. Super. 1987)); see 63 P.S. § 425.1, Historical and Statutory Notes (“An Act providing for the increased use of peer review groups by giving protection to individuals and data who report to any review group.”).

13
Yocabet v. UPMC Presbyteriangreen
pasuperct · 2015 · cited in 2 Pennsylvania opinions naming this issue, 2018–2021
2 sentences

2021See Yocabet, 119 A.3d at 1024 . 17 The PRPA privilege afforded to Excela as part of its peer review is not eviscerated when the professional health care provider, as part of its peer review process, contracts with an outside entity to review documents, analyze data, and compile a report of its findings for the benefit of the peer review committee or peer review organization.

2021See Yocabet, 119 A.3d at 1024 . 17 The PRPA privilege afforded to Excela as part of its peer review is not eviscerated when the professional health care provider, as part of its peer review process, contracts with an outside entity to review documents, analyze data, and compile a report of its findings for the benefit of the peer review committee or peer review organization.

12
Leadbitter, J. v. Keystone Anesthesia v. Petragliagreen
pasuperct · 2020 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
2 sentences

2021See Leadbitter, 229 A.3d at 296 (“[T]o determine the applicability of the PRPA privilege, we must consider whether a ‘review organization’ or a ‘review committee’ reviewed the professional evaluations of Dr. Petraglia.”); Ungurian v. Beyzman, 232 A.3d 786, 800-01 (Pa. Super. 2020) (holding the PRPA’s protections did not apply because the entity possessing the documents in question was a credentialing committee); Estate of Krappa v. Lyons, 211 A.3d 869, 875 (Pa. Super.) (expressing that the “PRPA’s protections do not extend to the credentialing committee’s materials, because this entity does no

2021See Leadbitter, 229 A.3d at 296 (“[T]o determine the applicability of the PRPA privilege, we must consider whether a ‘review organization’ or a ‘review committee’ reviewed the professional evaluations of Dr. Petraglia.”); Ungurian v. Beyzman, 232 A.3d 786, 800-01 (Pa. Super. 2020) (holding the PRPA’s protections did not apply because the entity possessing the documents in question was a credentialing committee); Estate of Krappa v. Lyons, 211 A.3d 869, 875 (Pa. Super.) (expressing that the “PRPA’s protections do not extend to the credentialing committee’s materials, because this entity does no

11
Est. of: Krappa, L. v. Lyons, M.green
pasuperct · 2019 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
2 sentences

2021See Leadbitter, 229 A.3d at 296 (“[T]o determine the applicability of the PRPA privilege, we must consider whether a ‘review organization’ or a ‘review committee’ reviewed the professional evaluations of Dr. Petraglia.”); Ungurian v. Beyzman, 232 A.3d 786, 800-01 (Pa. Super. 2020) (holding the PRPA’s protections did not apply because the entity possessing the documents in question was a credentialing committee); Estate of Krappa v. Lyons, 211 A.3d 869, 875 (Pa. Super.) (expressing that the “PRPA’s protections do not extend to the credentialing committee’s materials, because this entity does no

2021See Leadbitter, 229 A.3d at 296 (“[T]o determine the applicability of the PRPA privilege, we must consider whether a ‘review organization’ or a ‘review committee’ reviewed the professional evaluations of Dr. Petraglia.”); Ungurian v. Beyzman, 232 A.3d 786, 800-01 (Pa. Super. 2020) (holding the PRPA’s protections did not apply because the entity possessing the documents in question was a credentialing committee); Estate of Krappa v. Lyons, 211 A.3d 869, 875 (Pa. Super.) (expressing that the “PRPA’s protections do not extend to the credentialing committee’s materials, because this entity does no

11
Sanderson v. Frank S. Bryan, M.D., Ltd.green
pa · 1987 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019Thus, [323 MAL 2019] - 4 the PRPA’s immunity and confidentiality provisions reflect the legislature’s effort “to foster free and frank discussion by review organizations.” Id. (quoting Sanderson v. Frank S. Bryan, M.D., Ltd., 522 A.2d 1138, 1140 (Pa. Super. 1987)); see 63 P.S. § 425.1, Historical and Statutory Notes (“An Act providing for the increased use of peer review groups by giving protection to individuals and data who report to any review group.”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Cooper v. Delaware Valley Medical Center green
pa · 1995
2 sentences

2019We note that our Supreme Court has clarified that hospitals, as corporate persons, may be granted immunity under Section 425.3(a) of the PRPA for “providing relevant and truthful information to peer review committees.” Cooper, 539 Pa. at 632 , 654 A.2d at 553 .

2019We note that our Supreme Court has clarified that hospitals, as corporate persons, may be granted immunity under Section 425.3(a) of the PRPA for “providing relevant and truthful information to peer review committees.” Cooper, 539 Pa. at 632 , 654 A.2d at 553 .

12019–2019
Dodson v. Deleo green
pasuperct · 2005
1 sentence

2018Although the Superior Court provided no further information, the trial court's assertion in this regard was based upon the proposition that "[t]he PRPA privilege, like other privileges, applies only to information which remains exclusive." Trial Ct. Op., 11/25/2014, at 2 (citing Dodson v. DeLeo , 872 A.2d 1237 , 1243 (Pa. Super. 2005) ).

12018–2018
McClellan v. Health Maintenace Organization green
pa · 1996
2 sentences

2018Id.

2018Id.

12018–2018
National Construction Services, Inc. v. Philadelphia Regional Port Authority green
pacommwct · 2001
1 sentence

2006The trial court relied on our decision in National Construction Services, Inc. v. Philadelphia Regional Port Authority, 789 A.2d 306 (Pa.Cmwlth.2001), in determining that PRPA was not a Commonwealth agency.

12006–2006

Statutes the citing opinions construe

USC § 42u.s.c.11101 (4) USC § 42u.s.c.11133 (4) CFR § 45c.f.r.60.20 (3) USC § 42u.s.c.11137 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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