My guess is that this line gets shot down because the lawyers for Warren are going to ask Dinter to explain about how this mechanism where the NP admits patients over his objection works, maybe giving examples, and the hospital knows there aren't any examples because in fact policy is to never allow this to happen. It's going to cause the court to dwell on what you did wrong (not admitting the patient), which isn't what you want to happen if you're worried the court may rule against you.

It's pretty obvious that they're hiding behind the idea it's a kerbside consult when really it's a gatekeeper role, and courts are ideally placed in law to judge that sort of thing because they're obliged to work with events that really happened whereas lawmakers can live in a hypothetical universe. Maybe hypothetically there is no "gatekeeper" role, but if the fact is that every admission goes through one of these hospitalists, then de facto that's a gatekeeper.