McKeesport Hospital v. Accreditation Council for Graduate Medical Education

I cannot agree with the majority that there is no state action in this case. As I read the record, Pennsylvania has totally ceded any meaningful responsibility to conduct reviews of residency programs to the Accreditation Council for Graduate Medical Education (the “ACGME”), and has delegated to the ACGME the power to find the critical facts that are necessary for the Pennsylvania State Board of Medicine (the “Board”) to determine whether a residency program satisfies the Board’s standards. In essence, the ACGME decides whether residents trained at such a facility can be licensed to practice…