Q&A: To what extent can the hospital inquire about a medical staff applicant’s health status?
A: Hospitals have the right, and the obligation, to ask medical staff applicants about their health status. Although the Americans with Disabilities Act (ADA) prohibits employers from asking about physical or mental health status at the initial job offer stage, The Joint Commission requires hospitals to evaluate documentation of all medical staff applicants' health status and to ensure that a physician is able to safely and effectively provide the patient care authorized by the physician's clinical privileges. Legal and medical staff experts don't agree whether the ADA applies to non-employee physicians seeking appointment to the medical staff, but to comply with accreditation requirements and to ensure that patients receive the best care, hospitals must inquire about the health status of all physicians seeking medical staff membership.
The American Medical Association estimates that there may be as many as 40,000 impaired or potentially impaired physicians in the country today. It is necessary for the hospital and the medical staff to determine that a physician can provide safe and effective care.
The Joint Commission leaves it up to hospitals to decide how the ADA applies to medical staff applicants. However, The Joint Commission does expect hospitals to ask physicians questions regarding their physical and mental health during the appointment and reappointment process.
Editor's note: Questions and topic suggestions can be e-mailed to Credentialing & Verification Update at mcoler@hcpro.com.
