Clark v. Columbia/HCA Information Services, Inc.

OPINION ON REHEARING

By the Court,

Shearing, J.:

This case requires that we interpret the federal Health Care Quality Improvement Act (HCQIA). We must determine whether the immunity provisions of HCQIA apply so as to bar appellant Kenneth M. Clark’s underlying tort and contract claims against respondents. We conclude that Clark has overcome the presumption of respondents’ immunity by demonstrating by a preponderance of the evidence that the revocation of his hospital staff privileges was not with the reasonable belief that it was in furtherance of quality health care. Thus, respondents are not…