Federal court's decisions will clarify the Health Care Quality Improvement Act

Peer reviewers are anxiously awaiting the decision of the U.S. Court of Appeals for the Ninth Circuit in two antitrust cases. Both cases, Smith v. Ricks and Fobbs v. Holy Cross Health System Corp., were fully briefed and argued on the same day earlier this year, and the decisions are expected sometime this summer. In both matters, the court is expected to flesh out the meaning of the Health Care Quality Improvement Act of 1986, commonly known as "HCQIA." Based on contemporary press accounts of the parties' oral arguments before the court, however, it is uncertain whether the decisions will strengthen or weaken medical staff peer review.