industry feature NAMSS CE QUIZ: Questions on The Uncertain Future of HCQIA Immunity: Guiding Physician Leaders in Changing Times See worksheet on page 28. 1. The Health Care Quality Improvement Act (HCQIA) provides for immunity from damages in a suit challenging an adverse clinical privileges decision as long as: a. All members of the MEC act without malice. b. The hospital board takes final action in the reasonable belief that it was meant to further quality care, following a reasonable effort to obtain the facts, and the action was warranted by the facts and taken after adequate notice and hearing or waiver of hearing rights. c. There are no nonphysicians on any peer review committees or the board. d. There is no evidence of actual bias. 2. The HCQIA provides immunity for physicians who serve on peer review committees when they are dealing with advanced practice nurses and physician assistants. a. True b. False 3. The HCQIA immunity applies to all of the following, except: a. Civil rights claims b. State law breach of contract claims c. Federal antitrust claims d. State antitrust claims 4. If an employed physician is over the age of 40, what federal law is most directly implicated? a. Americans with Disabilities Act b. Age discrimination in the Employment Act c. Title VII of the federal civil rights statute d. Stark law 6. The following can be used as criteria for employment and appointment: a. No disciplinary action at another hospital during the last five years b. No history of drug abuse during the last five years c. No history of hospitalizations during the last five years d. Not over the age of 65 7. If a formerly employed physician sues the hospital based on a federal civil rights claim, and seeks discovery of the peer review files of other physicians to examine whether all similarly situated physicians were treated uniformly, how is a federal court likely to rule? 5. In order to be protected by the Americans with Disabilities Act, a physician must: a. Prohibit discovery because the documents are protected by the HCQIA. a. be able to perform the essential functions of the job b. Prohibit discovery because the documents are protected by the state peer review statute. b. be employed by the hospital c. have a history of alcoholism or depression d. undergo a pre-employment physical examination c. Permit discovery because the documents are not protected by either the HCQIA or the state peer review statute. d. Permit discovery because, while the documents are not protected by the state peer review statute, they are protected by the HCQIA. 12 / SYNERGY MAY/JUNE 2014