Champions of the Patient Safety & Quality Improvement Act of 2005 (PSQIA) say it is the best chance for the U.S. to significantly improve the quality of its healthcare but worries persist about confidentiality issues.

The PSQIA answers those worries with substantial shields against disclosure outside the database. Participation in and reports to the national repository will be anonymous and voluntary. Protection from adverse employment or accreditation action for those who file reports is guaranteed.

On top of all that, the PSQIA's broad evidentiary privilege and strongly worded confidentiality provisions should give healthcare providers further comfort.

The payoff for healthcare providers? Decreasing the cost of providing medical treatment and minimizing the risk of medical malpractice litigation.

Listen as our panel of healthcare legal specialists discuss PSQIA, the status of the implementing regulations, and what healthcare providers should consider in deciding whether and how to prepare for the medical errors database.

• Steven R. Smith, Principal, Ober Kaler, Washington, DC, has more than 20 years' experience with operational and regulatory matters in health care settings. A former healthcare corporation general counsel, he is experienced in drafting and analyzing medical staff bylaws, physician discipline and credentialing issues, peer review and confidentiality, and developing compliance programs.
• Lawrence M. Kraus, Partner, Foley & Lardner, Boston, is a member of the firm's Litigation Department and its General Commercial Litigation Practice Group. He focuses on complex civil, commercial and health law litigation. He represents a wide range of clients, including prominent hospitals and physician group practices in various health care matters, including peer review appeals and other disciplinary matters.
• Lara E. Parkin, Fulbright & Jaworski, Washington, D.C., focuses on health care matters including Medicare reimbursement, protection of human subjects in research and pharmaceutical products liability defense. She co-authored "Medical Error Reporting: Maintaining Confidentiality in the Face of Litigation," The Handbook of Patient Safety Compliance.

The panelists will address these and other key questions:

• How can healthcare providers ensure that medical errors reports are non-identifiable and kept confidential throughout the process?
• Which entities are eligible to be "patient safety organizations" and how will the HHS approach the PSO certification process?
• Which healthcare activities qualify as patient safety activities and what's included in "patient safety work product"?
• Are medical errors that are also documented within a peer review still entitled to the PSQIA privilege?