Dr. Semmelweis
  Semmelweis Society International
For students, physicians and patients to defend against and avoid the harm of biased peer review while pressuring
Congress to amend the laws that allow good physicians to become the victims of career assassination.
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HEALTH CARE QUALITY IMPROVEMENT ACT

HCQIA and Bad Faith Peer Review / HCQIA written / National Practitioners Data Bank
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Headlines

September 25, 2004
Example of how well unbiased peer review works in other professions
full story...

September 25, 2004
Peer Review's intended use is to increase patient safety
full story...

September 25, 2004
Health Policy Institute Established at University of the Sciences in Philadelphia
full story...

September 25, 2004
S.C. medical board alters policy on publicizing sanctions against physicians
full story...

September 25, 2004
Surgeons to protest insurance rates with slowdown
full story...

September 25, 2004
Doctors Against Tort Reform Doesn't Add Up--or Does It?
full story...

September 24, 2004
Example of re the proper use of peer review
full story...

September 24, 2004
Poor Medical Treatment Kills Thousands in U.S., Says New Report on Health Care Quality
full story...
Response at Galen's log

September 22, 2004
Testing: For Doctors is never ends. More physicians are finding that board recertification has evolved into a continuous certification process.
full story...

September 21, 2004
Whistle-Blower Files Suit
full story...

September 21, 2004
Michael Porter's Prescription
For the High Cost of Health Care
full story...

September 21, 2004
Dallas: Insurer lowers rates ; Some leaders say move is sign that malpractice caps are working
full story...

September 20, 2004
Pills for the drug industry: cites the need for unbiased peer review in all aspects of health care
full story...

September 20, 2004
Poliner's patients speak up for him
full story...

September 20, 2004
Politics keeps real remedies for medical errors off radar
full story...

September 18, 2004
Monsour inspection turns up deficiences
full story...

September 17, 2004
AMA: "Disruptive Physicians"
full story...

September 17, 2004
Obstetrician wins key ruling against hospital, Monterey CA
full story...

September 16, 2004
Poor oversight, care faulted in health costs
full story...

September 16, 2004
A Reeling King/Drew Receives Huge Blow
full story...

September 16, 2004
There's a game under way in the health care industry, a national expert believes and he doesn't like it.
full story...

September 16, 2004
Hospital whistle-blowers confess,
Albany health system has sued over faxes that doctor, accountant term a 'public service'
full story...

September 16, 2004
Governator vetoes bills which would've allowed conflicts of interest in peer review hearings
full story...

September 15, 2004
Docs Will Be in Short Supply in US, Analysts Say
full story...

September 14, 2004
Yale-New Haven Sued In Class Action, Hospital Accused Of Unfair Treatment For Uninsured Patients
full story...

September 14, 2004
Survey of patient care at 200 CA hospitals released
full story...

September 14, 2004
Dr. Scanlan responds to Wichita Eagle Editorial Re: HR 663 & S 720
full story...

September 12, 2004
Florida: Physicians and Lawyers square off in the ballot box this fall
full story...

September 6 , 2004
AMA's position: California deal reaffirms medical staff autonomy
full story...

September 6 , 2004
AMA's position: Congress must finish work on patient safety
full story...

September 6 , 2004
Hospitals to divulge treatment facts
full story...

September 2 , 2004
Class-Action Status Is Upheld for Doctors Suing Insurers
full story...

August 28, 2004
Dr. Lawrence Poliner awarded $366 million in damages after being denied work at Presbyterian Hospital full story...

August 26, 2004
Seven Indian doctors plan to form new cardiology practice
full story...

August 25, 2004

E.R. to reject orthopedic cases, Lancaster, LA area
full story...

August 25, 2004
Shortage in OB dept., Chillicothe, MO
full story...

HUGE NEWS OUT OF VENTURA!!

August 18, 2004
Ventura hospital, staff reach terms Deal likely ends CMH legal fight
full story...

August 16, 2004
Report ups medical error death toll
full story...

August 13, 2004
New Article: Fighting a Sham Peer Review
full story...

August 12, 2004
Gary, Ind: State says doctor unfit to practice
full story...

August 11, 2004
NYTimes: Health Plan That Cuts Costs Raises Doctors' Ire
full story...

August 4, 2004
AMA, CMA File Brief Supporting Ventura Medical Staff
full story...

August 2, 2004
Senate passed S.720
full story...


AMENDING THE HCQIA OF 1986
Proposed October 2003

The key to drafting reasonable peer review legislation is:

1. Change the burden of persuasion from the Plaintiff and place it on the Defendant Hospital. The presumption of proper action by Hospital Committees needs to be replaced by a standard more in tone to that of the criminal arena where the Hospital should be forced to prove its case at least to a clear and convincing standard.

2. Mandate strict due process. Presently HCQIA states that a failure to meet the exact notice and hearing procedure does not by itself constitute a due process violation. Procedural fairness is the hallmark of our nation's jurisprudence and must be strictly adhered to.

3. Ca. Bus. and Prof Code 809 allows voir dire of the Hearing Panel and this should be a fixture of any federal legislation.

4. HCQIA in any revised form must expressly preempt any state statutory and case law as some state cases have been dismissed based on outdated pre-HCQIA case law.

5. There needs to be an appellate procedure that gets the process out of the Hospital. Possibly this would be an appropriate responsibility for a State Medical Board or a state-appointed commission.

These are my ideas. I would be happy to assist in drafting any legislation provided we knew we had the attention of some federal legislator prepared to propose a bill on Capitol Hill.

William Hinnant M.D., J.D DABU


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