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Physician Due Process: Fair Hearing Rights Before Hospital Staff Privilege Changes.

This Act requires hospitals to grant physicians fair hearing and appellate review rights before terminating or restricting their professional activity or staff privileges. This ensures greater transparency and fairness in decisions affecting medical staff, which indirectly supports the stability and quality of healthcare services for citizens. These regulations must be implemented within 18 months of the Act's enactment, with exceptions for ongoing patient safety threats.
Key points
Mandates the Secretary of Health and Human Services to issue regulations ensuring physicians receive a fair hearing before any restriction or termination of their hospital staff privileges.
Prohibits hospitals or third-party contractors from requiring physicians to waive their right to a hearing as a condition of employment.
Hearing and review proceedings must remain confidential and generally not reportable to entities like the National Practitioner Data Bank, unless there is an ongoing threat to patient safety.
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Additional Information
Print number: 118_S_4278
Sponsor: Sen. Marshall, Roger [R-KS]
Process start date: 2024-05-08