Physician Late Career Policies Under EEOC Attack (Co-Hosted by AHLA)

AHLA Co-Hosted Webinar: Physician Late Career Policies Under EEOC Attack (Recorded Webinar)

Tuesday, May 12, 2020
1:00 pm – 2:30 pm EST (90 minutes)

This webinar is co-hosted by the American Health Lawyers Association (AHLA)
*If you do not already, you will need to have a NAMSS user account, but NAMSS membership is not required to participate.


  • Michael Callahan, Esq., Katten Muchin Rosenman, LLP
  • Carol Cairns, CPMSM, CPCS, Senior Consultant


Hospitals and medical staffs are required under accreditation, legal, and licensure standards, as well as patient safety obligations, to make sure that physicians and other health care practitioners are currently competent to exercise all of the clinical privileges granted to them. Verification of competency is usually obtained during the appointment and reappointment process, peer review procedures and FPPE and OPPE requirements designed to identify substandard care as well as possible physician or psychological impairment including issues associated with an aging medical staff. Code of Conduct and Disruptive Behavior policies also are utilized to identify quality and behavioral problems. The problem is that physicians do not self-report and their peers and nurses tend to look the other way for fear of some economic of other form of retaliation. In addition, various studies have conclusively established that a person’s cognitive and other skills which are necessary in order to provide high quality patient care services begin to decline after the age of 65. 

In recognition of this evidence, and as a way to proactively protect patients from possible harm, many hospitals have adopted what is called a Late Career Policy. Under such a Policy, physicians who have reached a particular age at the time of reappointment, usually 65 or 70, are required to obtain a physical, fitness for duty, or some similar assessment designed to identify any cognitive, physical or neuropsychological deficits. In a development which gained national attention among hospitals and medical staffs, the Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit in federal court asserting that the Late Career Policy adopted by Yale New Haven Hospital violated the federal Age Discrimination in Employment Act (“ADEA”) and the Americans with Disabilities Act (“ADA”) because it required physicians who were age 70 or older to obtain an ophthalmologic and a neuropsychological exam as a condition of maintaining medical staff membership. 

The goals of this presentation are to provide a background and overview of the accreditation, legal, patient care and liability issues which gave rise to Late Career Policies, a review of the EEOC lawsuit along with the legal arguments made by the Agency and Yale, including the impact of the court’s decision on these Policies if one is issued, as well as how to design and implement a balanced and defensible Policy.

What You Will Learn:

  • Identify legal and policy developments which support the adoption of Physician Late Career Policies
  • Recognize the types of legal arguments utilized when developing policies which impact independent and employed physicians and factoring them into policy development
  • Design and implement a balanced and enforceable Late Career Policy

Who Should Attend 

  • MSPs who want to learn the importance of and how to design and implement a balanced and defensible Late Career Policy in their organization


  • NAMSS Members:
    • $55
  • Non-Members:
    • $75 

CE Credits:

This webinar has been approved for 1.5 CE Credits.

Group Recording:

Purchasing as a group/staff of up to five individuals? Click here for discounted group access. Group purchasing provides access to the webinar and five (5) individual CE certificates.

Is your group larger than five individuals? Click here to purchase more CE certificates for the group. Additional certificates may be purchased in packages of 10. There is no limit on the number of additional packages you purchase.