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.