Standards for professional review actions

42 U.S. Code § 11112. Standards for professional review actions

(a) In generalFor purposes of the protection set forth in section 11111(a) of this title, a professional review action must be taken—
(1)
in the reasonable belief that the action was in the furtherance of quality health care,
(2)
after a reasonable effort to obtain the facts of the matter,
(3)
after adequate notice and hearing procedures are afforded to the physician involved or after such other procedures as are fair to the physician under the circumstances, and
(4)
in the reasonable belief that the action was warranted by the facts known after such reasonable effort to obtain facts and after meeting the requirement of paragraph (3).
A professional review action shall be presumed to have met the preceding standards necessary for the protection set out in section 11111(a) of this title unless the presumption is rebutted by a preponderance of the evidence.
This document is only available to subscribers. Please log in or purchase access.