AMS and AMA Seek Intervention to Support Peer Review Fairness Act
On June 10th, Baptist Health Medical System, Washington Regional Medical Center, and Mercy Health System filed suit in Pulaski County Circuit Court arguing that the Peer Review Fairness Act of 2013 is unconstitutional because it: is preempted by federal law; treats hospitals differently than other similarly situated healthcare entities; restricts their right to retain their attorney of choice; interferes with Arkansas Courts’ exclusive jurisdiction in regulating the practice of law; and is vague and ambiguous.
On the contrary, AMS is seeking to intervene in the suit being defended by the Attorney General and argue our support because the law is constitutionally sound in promoting unbiased proceedings, strengthening immunity for those conducting peer reviews and making the current system fairer. Specifically, the Act:
- Requires hospitals to notify physicians promptly if referred for an “investigation.”
- Allows physicians under review to have their attorney present (at own expense) but only if a peer review body’s attorney is present at a meeting.
- Allows physicians to request an independent attorney be used by a peer review body if the hospital’s attorney is representing the peer review body. The committee may decline, but if appealed to court, the judge may consider whether the hospital’s attorney caused prejudice.
- Requires hospitals to provide all relevant information, favorable and unfavorable, to all.
- Requires a truly independent hearing officer to hear an appeal of a peer review decision, not someone who is employed by the hospital or from a firm regularly used by the hospital.
The Peer Review Fairness Act of 2013 was sponsored by State Senator Cecile Bledsoe. She wanted to address reports of anti-competitive conduct by a few hospitals using sham peer reviews against independent physicians and employed physicians at odds with hospital administrations. AMS worked with her in drafting the bill to protect physicians involved in peer review by ensuring due process and fairness to physicians subject to peer review, preventing conflicts of interests by hospitals and by providing more protection to physicians serving on peer review committees.
AMS deeply appreciates Senator Bledsoe’s continuing support of physicians and their patients on this, and many other important issues. AMS has asked for, and will receive support from, the Litigation Center of the AMA and state medical societies.