PREAMBLE
The Health Care Quality Improvement Act of 1986 was developed as a tool for
permitting physicians to improve the quality of their healthcare services and
that of the hospital since it was believed that they had the best means for
improving among themselves. The idea of the Health Care Quality Improvement
Act is credible in that the goal is to ultimately maximize patient care by
forcing physicians to critique themselves in the spirit of academic
excellence. Unfortunately over time, there has been an abuse of this law by
specific hospitals and institutions as well as by physicians who are utilizing
some of the good elements of the law or their own personal gain. The Center
for Peer Review Justice, Inc is in favor of the Health Care Quality
Improvement Act ( HCQIA ) as well as peer review which is a form of dialogue
which is intended for doctors to help one another deliver better health care
to the public. The objectives of the Center are as follows:
OBJECTIVE
- To inform the public and other health care professionals at large
regarding the intent of the Health Care Quality Improvement Act and its
current potential misuses with regards to overall patient care.
- Stop bogus review of one physician by others who are compelled to find
fault because of anticompetitive motives.
- Provide advocacy to physicians and patients who are being victimized by
sham peer review.
- Eliminate sham peer review that damage excellent doctors and does great
disservice to our honored profession and to the patients who put their trust
in us.
- To support changes in hospital bylaws and to rotate committee members,
thereby lessening the chance of politicizing their positions on these hospital
committees.
- To support changes in hospital to equalize the playing field by placing
"burden of proof" on the hospital attempting to remove a physician except in
cases of drug and alcohol abuse.
- To attempt to make "peer review" a process which cannot be used for
political means or purposes.
- To remove immunity from those physicians and administrators who attempt
to maliciously injure a physician in a peer review hearing.
- To force hospitals to accept physicians who have been rejected by their
peer review committees if they are exonerated by the State.
- To require external peer review critique regarding any ad hoc committee
meetings and/or questionable summary suspension of a physician except those
with obvious drug or alcohol problems.
- To modify hospital bylaws to give the final say of a peer review
hearing to the hearing panel and not back to the hospital administrator or the
trustees, or medical executive committee.
- To allow all "privileged information" be submitted and reviewed by the
hearing panel at the time of any peer review hearing.
- The individual state licensing boards should be the only authorized
body to submit physician names to the National Practitioner's Data Bank.
- The State licensing boards should require a hospital to remove any
adverse decisions from the National Practitioner's Data Bank if the physician
is exonerated by their state medical board.
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