| Autor: |
NOWAKOWSKI, GREGORY, OWAKOWSKI, MICHAEL N., MANTESE, THERESAMARIE, SEGAL, JORDAN |
| Zdroj: |
Thomas M. Cooley Law Review; Summer2016, Vol. 33 Issue 1, p111-140, 30p |
| Abstrakt: |
The Health Care Quality Improvement Act (HCQIA, or the Act) provides powerful immunities for hospitals and others in the peer review process that subject health care professionals to "Professional Review Actions. " The law was passed in part in response to a Supreme Court case involving the inappropriate use of the physician peer review process. Now, over thirty years later, the scope of immunity under the HCQIA is still evolving, and HCQIA and its rules are increasingly interacting with other areas of law. For example, in our increasingly litigious world, Alternative Dispute Resolution or ADR concepts may prove a useful mechanism to resolve HCQIA and peer-review related disputes. In light of increased focus on privacy, it is important to review how HCQIA and peer review can interact with various privacy rules, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended. This Article first reviews the legislative history and health-care policy of the Act as well as recent case law interpreting the Act. The Article then focuses on the procedural protections under the Act and how ADR procedures may offer guidance on bolstering due process protections. Finally, the Article discusses HCQIA's interaction with HIPAA and other privacy issues that may arise in litigation involving peer review. [ABSTRACT FROM AUTHOR] |
| Databáze: |
Supplemental Index |
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