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 a … Continue Reading
Pres. Obama signed the Physician Payment and Therapy relief Act of 2010. This act extends the temporary 2.2 % medicare Physician Fee Schedule increase, which replaced the projected 23% SGR decrease for 2010, but only for one more month.… Continue Reading
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 that … Continue Reading