Q: What does HCQIA: Health Care Quality Improvement Act say?
In 1986, Congress passed the HCQIA: Health Care Quality Improvement Act.
a. When a hospital conducted a peer review, then the hospital would be immune from litigation.
b. Texas has incorporated the HCQIA language in the Medical Practice Act.
c. Some caveats to the immunity:
(1) If the physician can show a violation of anti-trust statutes, then the other party is not immunized.
(2) If the physician show a violation of a civil rights statute, then the other party is not immunized.
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