This statute immunizes peer review participants from money damages stemming from peer review actions and proceedings unless the physician can establish that certain enumerated conditions have not been met. 42 U.S.C. §§ 11111, 11115(a). HCQIA presumptively immunizes peer review participants and hospitals from damages claims stemming from objectively reasonable peer review actions1 in which the affected physician received or was offered an internal administrative hearing that meets certain fair hearing standards.

This statute immunizes peer review participants from money damages stemming from peer review actions and proceedings unless the physician can establish that certain enumerated conditions have not been met. 42 U.S.C. §§ 11111, 11115(a). HCQIA presumptively immunizes peer review participants and hospitals from damages claims stemming from objectively reasonable peer review actions1 in which the affected physician received or was offered an internal administrative hearing that meets certain fair hearing standards.

Div. 2014). The Healthcare Quality Improvement Act of 1986 (“HCQIA”), 42 U.S.C. §§11111-11112, creates an immunity from damages claims arising out of a “professional review action of a professional review body,” provided that the action was taken in the reasonable belief that it furthered quality healthcare, that the professional review body made a reasonable effort to obtain the facts of the matter, and that adequate notice and hearing procedures were afforded to the physician involved. To defeat HCQIA immunity, a physician plaintiff must show, by a preponderance of the evidence, “that the defendant took action without a reasonable belief in initiating the action, failed to provide adequate notice and hearing procedures, or otherwise took action without a reasonable belief it was warranted by the facts after a reasonable investigation.”