HCQIA

Catipay v. Trumbull Mem. Hosp., No. 2003-T-0136 (Ohio Ct. App. Sept. 24, 2004)

The Ohio Court of Appeals granted summary judgment in favor of a hospital, its board chairperson, and a department chairperson, finding that they were entitled to immunity under the federal Health Care Quality Improvement Act (“HCQIA”) for their actions in a peer review proceeding. In so holding, the court found that the department chairperson had the authority to require a medical staff applicant to undergo a physical and mental exam and that the board of directors had the authority to appoint an ad hoc committee to review an application, even though these powers were not specified in the medical staff bylaws. The court also found that the peer review proceeding was adequate even though the physician was not informed of the appointment of the ad hoc committee and did not testify before it. Finally, the court ruled that the physician’s receipt of a reappointment letter only three weeks before he was summarily suspended did not mean that he had inadequate notice of the action taken against him.