September 24, 2015
On August 27, 2015, the National Labor Relations Board (“NLRB”) held that a Kansas hospital must afford an employee Weingarten rights before a nursing Peer Review Committee, allow the union access to peer review documents and information on prior peer review matters, and cannot enforce a confidentiality rule limiting discussion of issues pending before the Peer Review Committee. Midwest Division – MMC LLC d/b/a Menorah Medical Center, 362 NLRB No. 193 (8-27-15). This decision poses a real threat to confidentiality provisions of most state statutes which are designed to maintain hospital staff competency by encouraging frank and open discussions in peer review.

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