While some provisions of an HPRP monitoring agreement can be negotiated, the program considers many of these provisions to be “standard” and “non-negotiable.” Before you sign – and if possible, before you go to the program – you will talk to a lawyer who knows what terms you can probably negotiate in your supervisory contract. Physicians, nurses and other health care professionals conclude the PRP through a monitoring agreement. It is a contract that defines the conditions of treatment that individuals must comply with. Health care professionals can be referred to HPRP in two different ways: a “non-regulatory” referral and a “regulatory” referral. Many Michigan health care professionals have had to spend up to $30,000 to meet their HPRP obligations. These include professionals who have self-reported and those who have received recommendations from the authorities. Among the costs that HPRP registrations must incur under the terms of their monitoring agreements is that this class clearly has no characteristic, since only one of the four applicants named signed a monitoring agreement. The inclusion of those who have signed monitoring agreements and those who have been declared non-compliant is problematic, as each group will have different objectives depending on its particular circumstances. There may be similarities between all HPRP participants, but this does not prove the “collective nature” of the attacked behaviours. Although the parties dispute the percentage, the majority of HPRP participants did not leave the program prematurely. The complainants are therefore atypical. Following the hprp monitoring agreement, the participant is released and all recordings of non-disciplinary participants are destroyed within five years. However, if a participant does not complete the program for any reason, termination is notified to the Bureau of Professional Licensing and may lead to further disciplinary action.
As noted above, experts are sometimes referred to the HPRP as a result of regulatory measures (e.g. B the filing of an administrative complaint). In such situations, the HPRP process is generally less confidential than self-reporting in the context of a referral to the regulations. The details should be discussed with experienced legal advisors. In the context of a referral under the regulatory measure to hprp, the same problems and risks would be present, including the possible choice between the signing of a dependent supervision agreement or an alternative disciplinary measure or a summary suspension by LARA. On the other hand, a referral under the hprp regulations could be the best alternative for the health care provider, depending on the disciplinary action that may be taken by LARA if the health care provider does not agree with the HPRP program. The experience of a lawyer with licensing cases can help health care providers best assess the risks associated with HPRP, unlike other alternatives available. In addition, an experienced legal advisor can help negotiate the best possible supervisory agreement with HPRP. If you are a health care provider considering HPRP self-reporting or who has received post-regulatory action from HPRP, consultation with a licensee can help in many different ways, including those mentioned above, as well as identifying additional resources and managing the process.