The U.S. District Court for the Eastern District of Tennessee concluded that a hospital’s affirmative defenses pursuant to the Healthcare Quality Improvement Act (HCQIA) were not sufficient to independently establish federal jurisdiction, and therefore approved a physician’s motion to remand the state court case that had been removed to federal court by the hospital defendant. 


You can view an analysis of the case by Bart Lee, Esquire ( of Contract.doc) and a copy of the opinion.