Congress granted qualified immunity from liability for peer review participation to physicians, osteopaths and dentists, created a national practitioner data bank to track inept, incompetent or unprofessional physicians, and enacted procedural rules for due process, privilege restrictions, and reporting and disbursement of information. The Health Care Quality Improvement Act of 1986 is now in full force, and peer review participants are anxious to cloak themselves with immunity from actions brought by health care professionals. Although its goals are worthy, HCQIA's effects remain to be seen. Serious loopholes appear to exist, warranting close monitoring and possibly early amendment of the Act. Cautious judicial assessment is needed, in order to prevent not only circumvention of the Act's requirements by artful litigants, but also use of the national data bank by health care entities as a pretext for denying privileges and escaping antitrust liability.
Lockhart L, Poe K, Wilcox DP. Lockhart L, et al. Natl Med Leg J. 1990;1(2):1, 8-9. Natl Med Leg J. 1990. PMID: 2088551
Purtell DL. Purtell DL. Health Prog. 1990 Nov;71(9):66-71. Health Prog. 1990. PMID: 10107457Puryear MA, Politzer RM, Anderson J, Mullan F. Puryear MA, et al. Physician Exec. 1993 Jan-Feb;19(1):13-7. Physician Exec. 1993. PMID: 10125933
Wecht CH. Wecht CH. Leg Med. 1991:269-85. Leg Med. 1991. PMID: 1821897 Review. No abstract available.
Pugsley SC. Pugsley SC. Leg Med. 1990:217-42. Leg Med. 1990. PMID: 2130197 Review. No abstract available.
Spece RG Jr. Spece RG Jr. HEC Forum. 2003 Jun;15(2):188-227. doi: 10.1023/a:1024905209404. HEC Forum. 2003. PMID: 12918285 No abstract available.