Biomaterial Database

Quality assurance implications of federal peer review laws. The Health Care Quality Improvement Act and the National Practitioner Data Bank. 1992

E Snelson

Patrick v. Burget, the landmark peer review case holding physicians liable under federal antitrust law for substantial damages caused by bad faith peer review, gave rise to the Health Care Quality Improvement Act. As shown in the recent decision in Austin v. McNamara, the Act's conditional immunities may promote peer review. However, the Act also created the National Practitioner Data Bank, which may have a chilling effect on peer review. The quality assurance implications of each of these federal legal developments is analyzed.

UI	MeSH Term	Description	Entries
D008318	Malpractice	Failure of a professional person, a physician or lawyer, to render proper services through reprehensible ignorance or negligence or through criminal intent, especially when injury or loss follows. (Random House Unabridged Dictionary, 2d ed)	Professional Negligence,Negligence,Negligence, Professional,Professional Negligences
D008504	Medical Staff Privileges	Those rights or activities which are specific to members of the institution's medical staff, including the right to admit private patients.	Medical Staff Privileges, Nonphysician,Staff Privileges, Medical,Medical Staff Privilege,Privilege, Medical Staff,Privileges, Medical Staff,Staff Privilege, Medical
D009922	Oregon	State bounded on the north by Washington, on the east by Idaho, on the south by California and Nevada, and on the west by the Pacific Ocean.
D010380	Peer Review	An organized procedure carried out by a select committee of professionals in evaluating the performance of other professionals in meeting the standards of their specialty. Review by peers is used by editors in the evaluation of articles and other papers submitted for publication. Peer review is used also in the evaluation of grant applications. It is applied also in evaluating the quality of health care provided to patients.	Review, Peer,Peer Reviews,Reviews, Peer
D011785	Quality Assurance, Health Care	Activities and programs intended to assure or improve the quality of care in either a defined medical setting or a program. The concept includes the assessment or evaluation of the quality of care; identification of problems or shortcomings in the delivery of care; designing activities to overcome these deficiencies; and follow-up monitoring to ensure effectiveness of corrective steps.	Quality Assessment, Health Care,Health Care Quality Assessment,Health Care Quality Assurance,Healthcare Quality Assessment,Healthcare Quality Assurance,Quality Assessment, Healthcare,Quality Assurance, Healthcare,Assessment, Healthcare Quality,Assessments, Healthcare Quality,Assurance, Healthcare Quality,Assurances, Healthcare Quality,Healthcare Quality Assessments,Healthcare Quality Assurances,Quality Assessments, Healthcare,Quality Assurances, Healthcare
D014481	United States	A country in NORTH AMERICA between CANADA and MEXICO.
D016363	Antitrust Laws	Those federal and state laws, and their enforcement, that protect trade and commerce from unlawful restraints and monopolies or unfair business practices.	Antitrust Liability,Sherman Antitrust Act,Act, Sherman Antitrust,Antitrust Act, Sherman,Antitrust Law,Antitrust Liabilities,Law, Antitrust,Laws, Antitrust,Liabilities, Antitrust,Liability, Antitrust
D016749	National Practitioner Data Bank	A databank established by the Health Care Quality Improvement Act of 1986 authorizing the Department of Health and Human Services to collect and release information on the professional competence and conduct of physicians, dentists, nurses, and other health care practitioners. The data include adverse actions on physicians' malpractice, licensure, hospital privileges, concealing of pertinent information, and the like.	National Practitioner Databank,Databank, National Practitioner,Databanks, National Practitioner,National Practitioner Databanks,Practitioner Databank, National,Practitioner Databanks, National