
Does Hospital Peer Review Afford Physicians Full Constitutional Liberties?
Corporate peer review is an opaque process created by the HCQIA statute with no evidentiary safeguards. As such corporate health care attorneys use it frequently to destroy the careers of physicians they deem ‘undesirable’, ‘disruptive’, or threatening (e.g., those who report fraud or errors to outside entities). Corporate peer review differs from traditional peer review with repect to transparency and the legal, evidence-based safeguards provided by full judicial review.
Corporate peer review carries with it the obvious moral hazard of making the corporation the sole and final judge or arbiter of its own actions with respect to the public health. This allows corporate attorneys to use corporate peer review as a mechansim to conceal acts of fraud and malfeasance within the hospital system.
There should be a strict separation between legitimate physician credentialling and corporate peer review. Self interested and subjective viewpoints arrived at through corporate peer review must not be used to impair physician careers.
AMS is opposed to corporate peer review because there are no evidentiary safeguards in the process. We oppose the National Practitioner Data Bank (NPDB) because its rules have disproportionately promoted fraud against independent physicians. AMS supports the passage HR 2472, and any reforms that will increase procedural transparency and protect the professional rights and legitimate credentials of all physicians.
The AMA functionally opposes evidentiary safeguards in corporate peer review by their complete silence on the matter; AMS calls on them to support our position on ethical grounds.
To learn more about HR 2472:
Bill Text
112th Congress (2011-2012)
H.R.2472.IH
“To amend the Health Care Quality Improvement Act of 1986 to prohibit health care entities from reporting certain professional review actions against health care professionals before adequate notice and hearing procedures are afforded to such professionals, and for other purposes.”
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