HCQIAHealth Care Quality Improvement Act of 1986
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n.8 (1988) (holding in a case decided after enactment of the HCQIA, but
(384.) See generally Healthcare Quality Improvement Act of 1986 (HCQIA) 42 U.S.C.
(38) The HCQIA sets forth the standards for peer reviews but does not
(43) The HCQIA mandates reporting to the NPDB of certain professional review actions by healthcare entities that adversely affect a physician's staff membership or clinical privileges, adverse actions taken by professional review societies concerning their members, reports on medical malpractice payments, and sanctions by state licensing boards.
The court noted that the applicable section of Florida law impermissibly attempts to limit the disclosure clause requirements of Amendment 7, and the HCQIA does not preempt Amendment 7.
LEGAL COMMENTARY: Ordinarily, the fact that the HCQIA was involved would have triggered Federal Court jurisdiction.
(16) Part II outlines discovery rules, HCQIA, and how federal courts decide whether to apply a state privilege invoked against a federal claim.
In addition to HCQIA accountability and reporting requirements, other guidelines applicable to adverse privileging in the AMEDD include the following, without limitation: 10 USC [section]1102 (governs treatment of information derived from quality assurance processes, including adverse privileging actions); The Joint Commission* guidelines (the Department of Defense (DoD) has mandated accreditation by The Joint Commission for all MTFs); Department of Defense [regulation] 6025.13-R, (1) (opt-in to HCQIA, NPDB, and quality assurance processes); Army Regulation 40-68 (5) (the Army regulation pursuant to above authorities); and individual MTF policies (local policy consistent with above authorities, such as committee structure and available privileges).
It rejected all of Bundren's claims on their merits and held that Parriott would be immune from liability even if Bundren's claims were meritorious because ACOG's grievance procedure was a professional review action under the HCQIA.
(147) The court upheld the statute, concluding that "[t]here is no provision in the HCQIA that makes information independently collected by a state agency confidential." (148) Furthermore, the HCQIA condones New Jersey's law by allowing for state disclosure.
Davenport's privileges in accordance with the Federal Health Care Quality Improvement Act (HCQIA) was granted.
In order for a credentialing or peer review decision to qualify for immunity under HCQIA, it must be a "professional review action," which is defined in 42 U.S.C.