The Health Care Quality Improvement Act grants immunity to professional review bodies and participants where the action was taken in the reasonable belief it furthered quality care, after reasonable effort to obtain the facts, with adequate notice and hearing procedures, and in the reasonable belief the action was warranted.
It also establishes the National Practitioner Data Bank.
Alternative Names:
HCQIA, Quality Improvement Act
Why it Matters?
Immunity is presumed and the challenging physician bears the burden of rebutting it by a preponderance, which is a substantial procedural advantage for hospitals. The immunity covers damages but not injunctive relief, so a physician may still obtain reinstatement. Compliance with the four standards is assessed objectively rather than by examining the participants' actual motives, which limits the effect of evidence about competitive concerns.
Frequently Confused with
Related terms
Frequently asked questions
Who bears the burden on HCQIA immunity?
Does immunity cover all relief?
