Daniel Levy, an Associate in the Health Care and Life Sciences practice, in the Newark office, wrote an article titled “Hospitals Are Protected If They Share Negative Information About Former Employees.”
Following is an excerpt:
On Dec. 1, 2011, the Superior Court of New Jersey, Appellate Division, upheld immunity from civil liability for certain health-care entities that provide information in good faith about a current or former employee’s job performance to another health-care entity. Senisch v. Carlino, No. A-6218-09T3, 2011 N.J. Super. LEXIS 211 (N.J. App. Div. Dec. 1, 2011). Specifically, the court granted civil immunity to a health-care entity under the New Jersey Health-care Professional Responsibility and Reporting Enhancement Act, L. 2005, c. 83 (codified at N.J.S.A. 26:2H-12.2a to -12.2d, with amendments to other statutory provisions) (the act), in connection with its reporting of negative, but truthful, information to another health-care entity about a former health-care professional’s termination of employment.
Reprinted with permission from the February 6, 2012 edition of New Jersey Law Journal.