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A lawyer writes to a senator.

Dear Senator Warner:

Medical Peer Review abuse and the danger to Public Health and the Free
Market

The Health Care Quality Improvement Act recommends but does not require
that doctors be accorded procedural due process in medical peer review
proceedings.42 USC11112(b)Currently most states(including Virginia) are
endangering the public health and violating antitrust law by allowing
doctors to lose privileges without the opportunity to defend themselves.
Incompetent,greedy and prejudiced doctors can meet in secret and remove
the privileges of more competent colleagues arbitrarily. Although
confidentiality has its place,the system is so prone to abuse that good
doctors have had their lives and careers ruined by jealous colleagues
who wish to interfere with the free market and reduce the supply of
physicians available to the public in their area. In addition, racial
and gender prejudice can cause the same result. Currently the only
recourse a targeted doctor has is to sue in Federal Court, but few are
aware of this remedy, and it is expensive and time-consuming. However,
cases from the U.S. Supreme Court and other Federal courts show clearly
how this failure to provide due process can severely damage both the
unfairly accused doctor and the public health. Would you and/or Sen.
Allen please give serious consideration to amending the HCQIA? It does
not need to be repealed,but in its current form it is arguably
unconstitutional because of its failure to require the basic elements of
due process in administrative legal proceedings.(See,e.g. Goldberg v.
Kelly 397 U.S.254(1970)- particularly pages 264,266-271. Thank you for
your years of service to veterans and others whose health is endangered
by this secret, authoritarian process which has no place in our democracy.

Gray Davis

2030 Meadowlake Ct.
Norfolk VA 23518

graydavis@surfbest.net

Tel: (757)-4746
Fax: (757) 962-9333



Dear Senator Warner:

Medical Peer Review abuse and  the danger to  Public Health and the Free Market

The Health Care Quality Improvement Act recommends but does not require that doctors be accorded procedural due process in medical peer review proceedings.42 USC11112(b)Currently most states(including Virginia) are endangering the public health and violating antitrust law by allowing doctors to lose privileges without the opportunity to defend themselves. Incompetent,greedy and prejudiced doctors can meet in secret and remove the privileges of more competent colleagues arbitrarily. Although confidentiality has its place,the system is so prone to abuse that good doctors have had their lives and careers ruined by jealous colleagues who wish to interfere with the free market and reduce the supply of physicians available to the public in their area. In addition, racial and gender prejudice can cause the same result. Currently the only recourse a targeted doctor has is to sue in Federal Court, but few are aware of this remedy, and it is expensive and time-consuming. However, cases from the U.S. Supreme Court and other Federal courts show clearly how this failure to provide due process can severely damage both the unfairly accused doctor and the public health. Would you and/or Sen. Allen please give serious consideration to amending the HCQIA? It does not need to be repealed,but in its current form it is arguably unconstitutional because of its failure to require the basic elements of due process in administrative legal proceedings.(See,e.g. Goldberg v. Kelly 397 U.S.254(1970)- particularly pages 264,266-271. Thank you for your years of service to veterans and others whose health is endangered by this secret, authoritarian process which has no place in our democracy.

Gray Davis

2030 Meadowlake Ct.
Norfolk VA 23518                            
       
graydavis@surfbest.net

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