Guide I: Avoiding Money Damages Summary
The Healthcare Quality Improvement Act of 1986 (“HCQIA”) provides protection against money damages for physicians, hospitals and other health care professionals and entities that engage in professional peer review. Underlying the passage of HCQIA are these determinations by the United States Congress:
"The threat of private money damage liability...unreasonably discourages physicians from participating in effective professional peer review."
and
"There is an overriding need to provide incentive and protection for physicians engaging in effective professional peer review."
However, the statute conditions this protection against money damages upon meeting certain standards. Failure to meet these standards means that the protection can be lost. This Guide addresses how to avoid or remedy peer review mistakes and maintain the protection provided by HCQIA.