Thank you for your follow-up, and your extremely detailed and thought-out reply. I will do my best to respond in kind.
This is a non-profit entity, not private, in the usual sense, and amongst the largest health care system in the US.
Even so, they are run by the Board. The Board delegates responsibilities and rights to officers, who make a determination as to how to best run this non-profit. Those who run it can still do so with discretion within their position.
They are also effectively a monopoly and remember that I do have privileges. While I understand that they do not have to grant privileges, when they do grant them, are they not obligated to let me use the facility that they have given me privileges at/ Isn't that what the word "privileges" means? If not, then what value, or meaning does that have?
I am unclear as to what "privileges" you may have when you stated that you are no longer affiliated with the hospital. If you can explain, I may be able to revise my analysis, but so far I still see no duty on their part to provide you with access.
While I am not trying to argue t he point, the question is: who has the right to grant the blocks of time, or allow or not allow cases to be booked.
They do, as that is wholly within their discretion.
I would mention that I recently received re-appointment, and that they are now requiring that we perform at least 10 surgical cases a year in order to maintain re-credentialing. They can't, I would think, preclude me from doing what is required in order to maintain the qualifications that they themselves set as standards, can they?
Most likely no, they cannot preclude you, provided that you perform all conditions under which re-appointment must be pursued. By that I mean if they require fees, applications, certain proofs, you are required to comply and then if you are part of their network, they can permit you to perform the duties that allow you to be re-credentialed. As for scheduling, that is still up them--they still owe you no duty in granting time as your re-credentialing is not their obligation.