HA4050D – Healthcare LawDiscussion 10.1: NAUXChange 10Do som…

HA4050D – Healthcare Law Discussion 10.1: NAUXChange 10 Do some brief Internet or Library research on the Health Care Quality Improvement Act of 1986. What is the act? Why was it enacted, and why was it controversial? Did it work? Legal Aspects of Healthcare Administration 13th Pozgar 2019 Jones & Bartlett-Vitalsource #magicMAN61



The Health Care Quality Improvement Act of 1986 (HCQIA) is a federal law designed to encourage the reporting and peer review process of healthcare professionals in order to improve the quality of healthcare services provided. It was enacted primarily in response to concerns about the rising number of medical malpractice lawsuits and the potential negative impact on the healthcare system.

The Act was controversial because it introduced certain immunity protections for healthcare professionals and organizations engaged in the peer review process. This meant that healthcare professionals and organizations could not be sued for damages resulting from peer review actions, as long as they were acting within the scope of the act and in good faith. Critics viewed this immunity as potentially shielding negligent or incompetent practitioners from accountability.

However, the main purpose of the HCQIA was to promote quality improvement and patient safety through the peer review process. The idea was that by protecting the confidentiality of the peer review process and encouraging open communication among healthcare professionals, it would facilitate the identification of substandard practices and ultimately improve the overall quality of healthcare.

It is difficult to determine whether the HCQIA has been successful in achieving its goals. Some studies suggest that the act has had a positive impact on the quality of healthcare services, while others argue that it has not been effective in preventing medical malpractice. More research is needed to assess the effectiveness of this legislation.

1. Kachalia, A., Kaufman, S. R., Boothman, R., Anderson, S., Welch, K., Saint, S., & Rogers, M. A. (2010). Liability claims and costs before and after implementation of a medical error disclosure program. Annals of Internal Medicine, 153(4), 213-221.

2. Reinhardt, U. E. (2014). The curious resilience of the medical profession under the modern welfare state. JAMA, 312(22), 2341-2342.

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