Medical Peer Review, Antitrust, and the Effect of Statutory Reform

92 Pages Posted: 18 May 2014 Last revised: 26 Aug 2014

See all articles by Charity Scott

Charity Scott

Georgia State University - College of Law

Date Written: 1991

Abstract

This article analyzes whether the Health Care Quality Improvement Act (HCQIA) effects any real change in peer-review litigation under the antitrust laws. Although HCQIA's protection from legal liability is not limited to antitrust cases, the threat of antitrust liability provided the primary impetus for enacting the immunity provision, and thus this article focuses on the Act's impact on antitrust litigation only. The article concludes that, although Congress could have made reforms in the substantive or procedural adjudication of peer-review disputes under the antitrust laws, it has not done so by this Act, and that therefore courts should not interpret HCQIA as if it had enacted true reforms. Moreover, because the immunity granted by HCQIA is limited, a substantial amount of peer-review litigation will continue to arise that is outside the scope of the Act. This article is intended to guide courts not only in the interpretation of HCQIA, but also in the resolution of medical peer-review litigation under the antitrust laws whether or not the Act applies.

Keywords: Health Care Quality Improvement Act, HCQIA, peer-review litigation, health law, antitrust, health care

JEL Classification: K21, K32, K40, K41, K49

Suggested Citation

Scott, Charity, Medical Peer Review, Antitrust, and the Effect of Statutory Reform (1991). Maryland Law Review, Vol. 50, No. 2, 1991, Available at SSRN: https://ssrn.com/abstract=2437660

Charity Scott (Contact Author)

Georgia State University - College of Law ( email )

P.O. Box 4037
Atlanta, GA 30302-4037
United States
404-651-2083 (Phone)
404-651-2092 (Fax)

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