Hospitals Are Protected If They Share Negative Information About Former Employees

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.

By way of background, on May 3, 2005, the act, also known as the Cullen Act, was passed in response to news accounts relating to Charles Cullen, a registered nurse accused of killing approximately 40 patients under his care while working in several hospitals in New Jersey and Pennsylvania. Despite a questionable employment history, Cullen had been able to obtain nursing jobs at various health-care entities.