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A shift from quality assessment and assurance (QAA) to quality assurance and performance improvement (QAPI) is becoming a Centers for Medicare and Medicaid Services (CMS) regulatory reality for providers in the aging services continuum, affecting both home health and nursing centers. This new regulatory focus calls for a renewed discussion about how aging services providers may appropriately invoke privilege from discovery to protect quality improvement "work product" from disclosure in litigation.

The processes and goals of QAPI and litigation discovery create a juxtaposition of two very real but seemingly opposing provider risks: harm to the organization if "problems" are discovered and QAPI information is used against the provider in litigation, versus harm to the organization from failure to act to prevent reoccurring incidents with common root causes.

ECRI Institute's new white paper, "Legal Discovery and QAPI: A Tale of Two Risks," includes a systems thinking approach to help address organizational problems and solutions in relation to the realities in which they exist.

Get this white paper and the previous paper in the series

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