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Corrective Action and Second Chance Immunity

First few Article Sentences

The Health Care Quality Improvement Act of 1986 (“HCQIA”) can provide a hospital with immunity from certain monetary damages if it restricts the privileges of a medical staff member. But a hospital qualifies for HCQIA immunity only if statutory requirements are met.

These requirements include (1) having a reasonable belief that the action was in the furtherance of quality health, (2) conducting a reasonable effort to obtain the facts of the matter, (3) providing adequate notice and hearing procedures to the physician, and (4) after the reasonable effort to obtain the facts and conducting the proper hearing, having a reasonable belief that the action was warranted. Without meeting these requirements, a hospital may be vulnerable to certain monetary damage claims brought by the physician whose privileges were restricted.


Montgomery, Greg

 

Miller Nash LLP

Law, Corrective Action

May 1, 2010

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