HCQIA
Lees v. Asante Health Sys., No. CV 04-1804-MO (D.Or. Nov. 22, 2005)
A hospital
board issued a Notice of Adverse Action that revoked a physician's privileges
and reappointment to the medical staff. The physician sued and the hospital
filed a motion for summary judgment, claiming it was immune from damages under
the Health Care Quality Improvement Act (HCQIA). The United States District
Court of Oregon found the hospital was entitled to immunity for a later action
based on the same hearing record, but not for the initial action effective
prior to a hearing. When the initial Notice of Adverse Action was sent, the
board had not acted after a reasonable effort to obtain the facts of the matter
as required by HCQIA.