National Foundation for American Policy released its November 2012 policy recommendations recognizing immigration reform for health care workers as a broad measure to deal with increasing labor demand and shortage in the health care industry arising from the needs of the aging U.S. population and the Affordable Care Act. These policy recommendations are necessary at
Washington Court Denies HCQIA Immunity for Inadequate Investigation
By Michael Cassidy on
Posted in Credentialing and Peer Review
The cases where hospitals are denied HCQIA immunity are few and far between, especially when that denial is predicated upon the due process requirement of HCQIA, because of the due process exception condoning procedures that are fair under the circumstances.
In Smigaj v. Yakima Valley Memorial Hospital Association, the Washington Court of Appeals reversed…
Professional Review Activity vs. Professional Review Action
By Michael Cassidy on
Posted in Credentialing and Peer Review
The case of Wood v. Archbold Medical Center Inc., presents an interesting twist regarding HCQIA immunity. The holding basically provides that “professional review activity” is a lesser level of adverse activity and need not meet the due process standards of HCQIA in order for a hospital to retain HCQIA.
In Dr. Wood’s situation, there were…
Patient Safety and Quality Improvement Act (PSQIA) May Change Federal Common Law Privilege
By Michael Cassidy on
Posted in Credentialing and Peer Review
In KD v. United States, a decision by the United States District Court for the District of Delaware, both granting and denying a motion for a protective order in parts, indicates that PSQIA of 2005 has changed its opinion regarding the protection of peer review documents under federal common law privilege.
The opinion notes…
CBO Says Preventive Care Costs More!
By Michael Cassidy on
Posted in Legal News
Surprise! Surprise! Another blow to healthcare reform. In an August 7, 2009 letter to the House Subcommittee on Health, the Congressional Budget Office (CBO) concludes:
"Although different types of preventive care have different effects on spending, the evidence suggests that for most preventive services, expanded utilization leads to higher, not lower, medical spending overall."
"Researchers…