State medical boards have been stymied in their ability to take disciplinary action against physicians who engage in serious misconduct, in part because hospitals and other health care organizations rarely report such misconduct. This Article offers a proposal for incentivizing hospital reporting of physician misconduct, inspired by an existing but flawed model in the federal Health Care Quality Improvement Act. This Article proposes that state legislatures link state medical practice act reporting requirements with state laws establishing an evidentiary privilege for peer review activities.
Nadia N. Sawicki, State Peer Review Laws as a Tool to Incentivize Reporting to Medical Boards, 15 St. Louis U. J. HEALTH L. & POL'y 97 (2021).