BREACH OF HCQIA PRECLUDES IMMUNITY DESPITE BYLAW COMPLIANCE
A Colorado state appeals court concluded breach of due process provisions of the Health Care Quality Immunity Act (HCQIA) precluded immunity for St. Mary's Hospital and MedicalCenter, even though the medical staff bylaws might not have required notice and a fair hearing for revocation of provisional clinical privileges.
The hospital's medical staff bylaws provided no due process procedures regarding provisional privileges, and the hospital argued on summary judgments that it was entitled to HCQIA immunity. Although the trial court agreed, the state appellate court overruled and held that compliance with the bylaws is irrelevant regarding HCQIA immunity.
The full opinion is available at http://op.bna.com/hl.nsf/r?Open=mapi-7mcrs6.
