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Hardenbergh Group

Thought Leadership Series 2023

Late Career Provider Policies: The Current Legal Landscape

Wednesday, June 28, 2023
1-2pm Eastern Time

It is estimated that only 5 – 10% of U.S. hospitals mandate screening of late career physicians. Some hospitals assert that these late career screening policies are necessary to decrease risk of harm and litigation. This presentation intends to explore the reasoning or purposes for adopting and implementing late career provider policies as part of routine peer review. The presentation will discuss how these policies have become the center of legal disputes with the EEOC and focus on today’s legal landscape and litigation. It will explain the procedural posture of current litigation and will include an in-depth discussion of the legal and public policy arguments supporting medical staffs and hospitals that seek to use and implement these policies.

In our program, Rick Barton, Esq., Procopio, will:

  1. Consider the purposes for adopting a late career provider policy and explore how a late career provider policy can be implemented in conjunction with Bylaws and peer review.
  2. Understand the current legal landscape of ongoing litigation.
  3. Explore the legal and public policy arguments supporting medical staffs and healthcare facilities that seek to implement and use a late career provider policy.



Rick Barton, Esq.


Rick Barton has represented healthcare providers and health systems for more than 40 years. Rick’s consulting and litigation practice focuses on health systems, hospitals, health associations, physician groups, and individual healthcare providers. As a trial lawyer, he has represented providers in hundreds of matters before juries, appellate courts, arbitrators, administrative courts, and regulatory bodies and, as such, has been recognized as one of the Best Lawyers in America. For the past 20 years, Rick has focused his practice on the representation of Medical Staffs and Hospital Boards, assisting with their quality oversight obligations, governance, and administrative hearings and process.

Since 2010, Rick has served as an Adjunct Professor of Law for the University of San Diego, School of Law teaching Health Law and Policy. He serves as a Board Member for California Public Protection and Physician Health (CPPPH) and played a leading role in the authorship of the CPPPH White Paper on the Assessment of Late-Career Practitioners. He has been a regular guest speaker around the US on topics regarding physician wellness, quality improvement, and oversight. For the past 10 years Rick has been serving as a Hearing Officer in administrative hearings for Medical Staffs wherein physicians are challenging medical staff actions. He is currently a member of the California Society for Healthcare Attorneys (CSHA) Hearing Officer Committee as well as a member of the American Health Lawyers Association (AHLA) Dispute Resolution panel.