Health Care Quality Improvement Act Amendments of 1994 - Amends the Health Care Quality Improvement Act of 1986 to require, in a professional review action (PRA), the granting of a motion for summary judgment that PRA standards have been met unless, considering the evidence in the light most favorable to the opposing party, a reasonable finder of fact could conclude that the presumption that such standards have been met has been rebutted. Allows appeal as of right to a Federal court of appeals (except the Federal Court of Appeals for the Federal Circuit) of any decision on such a motion.
(Sec. 3) Requires each person (as well as entity), including a Federal, State, or local government, and any Federal officer and employee, who makes payment in whole or partial settlement of a medical malpractice action or claim, to report to the Secretary of Health and Human Services (Secretary) certain information on the payment and its circumstances. Applies this reporting requirement to any physician or other licensed health care professional who makes such a payment and whose acts or omissions are the basis for the action or claim. Waives this requirement for any such physician or other licensed health care professional whose payment is made as a refund of fees for the health service involved, when such payment does not exceed the amount of the original charge for such services.
Applies other specified reporting requirements to Federal health facilities and any PRA's taken by them regarding the competence or professional conduct of Federal physicians to the same extent and in the same manner as they apply to health care entities and PRA's.
(Sec. 4) Requires each Board of Medical Examiners to report to the Secretary any denials of a physician's license.
(Sec. 5) Imposes on each Board of Medical Examiners the duty to request from the Secretary any information reported on a physician at the time the physician applies for a physician's license, or for continuation of such a license, in the State involved. Presumes any Board to have knowledge of any such information it fails to request.
Requires the Secretary to establish a system for electronically transmitting information to States, that elect to install equipment necessary to participate in such system. Grants the Board of Medical Examiners in a participating State the option, in lieu of requesting information upon a physician's application for license continuation, to transmit annually through the system data identifying all individuals holding a valid physician's license issued by the Board. Requires a Board exercising such an option also, upon receiving from the Secretary a list of physicians who have been the subject of information on incidents giving rise to malpractice actions or claims, to identify promptly and request from the Secretary information on any such physician who has had an incident in another State.
(Sec. 6) Prohibits the Secretary from imposing a fee for providing such a physician list.
Requires the Secretary to publish and make available to the public semiannually information, with specified exceptions, from medical malpractice payment reports. Requires the Secretary to disseminate each such publication to public libraries without charge, but permits imposition of a reasonable fee on other entities to which the publication is provided.
(Sec. 7) Prohibits any entity from making any payment in whole or partial settlement of a medical malpractice action or claim without the written consent of the physician or other licensed health care practitioner whose acts or omissions are the basis of the action or claim. Excepts from such prohibition court judgments, alternative dispute resolution processes, and an entity's reasonable belief, after delivering a written notice, that the physician or other licensed health care practitioner concerned does not object to payment. Sets forth civil money penalties for any entity violating this prohibition.
Prohibits a health services organization from terminating the employment of a physician (or a contract with a physician for provision of health services) unless adequate notice and hearing procedures have been afforded the physician involved. Specifies conditions such an organization must meet to satisfy this requirement.
(Sec. 8) Subjects to such Act any unlicensed or unapproved hospital if State or local law allows the hospital to operate without being licensed or otherwise approved.
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E757)
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Health and the Environment.
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