3333 S. Bannock Street #220
Englewood CO 80110
303-761-3596
www.cascacolorado.com
Concerning the Establishment of Professional Review Committees
by Ambulatory Surgical Centers
This bill will provide equivalent treatment for licensed ambulatory surgical centers (ASCs) as now exists for
hospitals, health systems and other entities performing physician peer review to protect the quality of care delivered to
surgical and other patients.
BACKGROUND
What Is Physician Peer Review (Professional Review)?
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Peer review committees are composed of physicians who assess the qualifications, physician conduct, and
appropriateness of patient care
Effective physician peer review by peer review committees of health care entities:
○ Improves the quality of care and patient safety
○ Limits physician staff membership to those who meet the entity’s quality standards
○ Requires reporting of disciplinary actions to the Colorado Board of Medical Examiners and the
National Practitioner Data Bank
What Are Common Impediments to Effective Physician Peer Review?
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Threats of litigation against health care entities and peer review committee members by disciplined physicians
(e.g., antitrust, defamation, breach of contract)
Risk of discovery of peer review information in medical malpractice actions
What Laws Now Protect Physician Peer Review?
-- Federal Health Care Quality Improvement Act of 1986 (“HCQIA”)
42 U.S.C. § 11101, et seq.
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Provides qualified immunity for peer review activities involving physicians and dentists
Immunity applies to damages for federal and state law violations (e.g., antitrust)
Requires reports of physician disciplinary actions to the National Practitioner Data Bank
-- Colorado Professional Review Act (1989) (the “Colorado PR Act”)
C.R.S. § 12-36.5-101, et seq.
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Provides qualified immunity for peer review activities involving physicians
Immunity applies to civil suits based on state law (e.g., defamation, breach of contract)
Protects peer review information (e.g., minutes, expert reports) from discovery in medical
malpractice actions through a statutory privilege
Requires reports of physician disciplinary actions to the Colorado Board of Medical Examiners
What Entities Are Now Covered by Colorado Law?
-- Colorado PR Act Provides Peer Review Immunity and Privilege to:
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Medical staff of a hospital
Medical staff of a hospital related corporation
Medical societies and associations
Malpractice insurers
Independent Practice Associations, Preferred Provider Organizations, Health Maintenance
Organizations – captive physicians
Other health care entities approved by the Colorado Board of Medical Examiners such as Health
Maintenance Organizations and Health System Affiliates
Will This Bill Affect the New Michael Skolnick Law?
-- Medical Transparency Act C.R.S. § 12-36-115
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Physicians must disclose peer review discipline to the Colorado Board of Medical Examiners
The Colorado Board of Medical Examiners makes this information available to the public
The physician’s disclosure is not a waiver of the privilege and confidentiality of peer review
information
Reporting and transparency obligations are not affected
WHY IS THIS BILL NEEDED?
-- To modernize the existing Colorado PR Act enacted in 1989, by including ASCs
-- When the Colorado PR Act was enacted, ASCs were in infancy and outpatient surgery was not common
-- Today, some 80% of all surgery is outpatient, and over 120 ASCs are licensed by the Colorado Department
of Public Health and Environment
-- Physician peer review is an important quality initiative for ASCs as well as hospitals
-- The Bill promotes detailed oversight of all outpatient surgery, whether performed in a hospital or an ASC
-- Consumers are the ultimate beneficiaries of this effort to improve patient care
For further information, contact Ahsan Khan, Co-Executive Director, at akhan@cascacolorado.com or (303) 761-3596.