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Coordinator Observation: Don’t Take Legal Risks
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  1. Coordinator Observation: Don’t Take Legal Risks Kiesha W. Sloan Senior Administrator and ACGME Accreditation Coordinator UT Houston The 2014 GME ACTION Annual Education Conference April 24, 2014

  2. Overview • Understanding the coordinator’s role • Understanding the institutional framework • Personnel • Policies and procedures • Recent developments regarding subpoenas

  3. Understanding Coordinator’s Role • Risk Management at some institutions and Legal Affairs are not the same thing. • It is always better to involve Legal and find out they’re not needed, than try to “evaluate” legal risk and involve them too late, especially after a coordinator does something that could expose the coordinator to liability.

  4. Understanding Coordinator’s Role • DO NOT try and answer legal questions over the phone and especially not by e-mail. • Who are your institution leads?/Where do you direct your legal affairs to?

  5. Understand Institutional Framework *Find out what are Legal Affairs processes for your institution. *What to do if you get a subpoena in the mail? -Legal process most often comes in the form of: • a subpoena for an appearance of an individual at court; or • a subpoena for the production of records (“subpoena duces tecum”) -- addressed only to “custodian of records” or a unit or department; or -- addressed to a specific employee (usually faculty or resident); or • notice that suit has been filed. -Also could come as in some instances (but less common) : • deposition by written questions • notice of oral deposition -Method of delivery • mailed or delivered by personal service • they are sometimes faxed

  6. Recent Developments - Subpoenas • The Harris County DA’s office has recently started delivering subpoenas to individuals via email. The subpoena is in an attachment, and the recipient is asked to confirm receipt by return email. If served by email, the recipient should not confirm receipt, but should forward the email to the Office of Legal Affairs or Risk Management office, and wait for instructions. No individual should confirm receipt of an emailed subpoena for any other person, even if instructed to do so by the recipient or a supervisor.

  7. Coordinator Notes: What am I going to do when I get back to my Intuition: Contact GME about what should be forwarded to the GME office and what should be forwarded to the institutions legal office. Make sure to have Legal office information handy. Uh Oh I have initiated something similar to this already, I better contact my GME and or Legal office ASAP!!