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20-9-1313. Remedy.

Arkansas Code — all titles (historical 2020) · legal_authorities

20-9-1313. Remedy.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-9-1313

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:20-9-1313
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 09eb4a3421288bc50169a880231c301619d205241342989b11f9ac8b0f6ed3b2

Source location: content.xml paragraph 4920

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20-9-1313. Remedy. (a) Within sixty (60) days of a final decision that adversely affects a physician, a physician may file a petition to remedy a violation of this subchapter by filing the petition in: (1) The circuit court of the county in which the professional review activity occurred; or (2) The circuit court of an adjoining county. (b)(1) After receiving a petition, the court shall review the record of the professional review activities and professional review action. (2) The record shall consist of: (A) The transcripts and minutes of any meetings or hearings; (B) Correspondence; (C) Internal and external reviews; and (D) All other relevant information pertaining to the matter before the professional review body. (3) The hospital shall transmit the record, but the court may require or permit subsequent corrections or additions to the record. (4) The review conducted by the court shall be confined to the record, except upon a showing of good cause to go beyond the record. (5) The court may hear, upon request, oral arguments and receive written briefs. (6) Absent a showing of bad faith, a member of the medical staff who participated in the professional review activity shall not be compelled to testify in court under this subsection. (c) Except as provided in subsection (e) of this section, the court may order any relief within the purview of the circuit court to remedy the violation of this subchapter. (d)(1) If a physician prevails under this section, the physician shall be entitled to reasonable attorney's fees, costs, and expenses as determined by the court. (2) A defendant who prevails shall be entitled to reasonable attorney's fees, costs, and expenses as determined by the court to the extent permitted under the Health Care Quality Improvement Act of 1986, 42 U.S.C. § 11113, as existing on January 1, 2017. (e) Except as expressly permitted by state law or federal law, a professional review body or its members, agents, or employees are not liable for civil damages as a result of making a decision or recommendation in good faith in connection with a professional review activity or professional review action or furnishing any records, information, or assistance in good faith to a professional review body in connection with a professional review activity. (f)(1) The remedies provided for in this section do not supplant any other remedy available under law to a physician. (2) If a physician has more than one (1) cause of action, all causes of action may be joined in the same pleading.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11113 — Standards for professional review actions

**(a) In general** For purposes of the protection set forth in [section 11111(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11111/a&num=0&edition=prelim), a professional review action must be taken— (1) in the reasonable belief that the action was in the furtherance of quality health care, (2) after a reasonable effort to obtain the facts of the matter, (3) after adequate notice and hearing procedures are afforded to the physician involved or after such other procedures as are fair to the physician under the circumstances, and (4) in the reasonable belief that the action was warranted by the facts known after such reasonable effort to obtain facts and after meeting the requirement of paragraph (3). A professional review action shall be presumed to have met the preceding standards necessary for the protection set out in [section 11111(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11111/a&num=0&edition=prelim) unless the presumption is rebutted by a preponderance of the evidence. **(b) Adequate notice and hearing** A health care entity is deemed to have met the adequate notice and hearing requirement of subsection (a)(3) with respect to a physician if the following conditions are met (or are waived voluntarily by the physician): (1) **Notice of proposed action** — The physician has been given notice stating— (A) (i) that a professional review action has been proposed to be taken against the physician, (ii) reasons for the proposed action, (B) (i) that the physician has the right to request a hearing on the proposed action, (ii) any time limit (of not less than 30 days) within which to request such a hearing, and (C) a summary of the rights in

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11113

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 11113. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11113 — Payment of reasonable attorneys’ fees

Page 8116 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11113 (D) upon completion of the hearing, the physician involved has the right— (i) to receive the written recommenda- tion of the arbitrator, officer, or panel, in- cluding a statement of the basis for the recommendations, and (ii) to receive a written decision of the health care entity, including a statement of the basis for the decision. A professional review body’s failure to meet the conditions described in this subsection shall not, in itself, constitute failure to meet the stand- ards of subsection (a)(3). (c) Adequate procedures in investigations or health emergencies For purposes of section 11111(a) of this title, nothing in this section shall be construed as— (1) requiring the procedures referred to in subsection (a)(3)— (A) where there is no adverse professional review action taken, or (B) in the case of a suspension or restric- tion of clinical privileges, for a period of not longer than 14 days, during which an inves- tigation is being conducted to determine the need for a professional review action; or (2) precluding an immediate suspension or restriction of clinical privileges, subject to subsequent notice and hearing or other ade- quate procedures, where the failure to take such an action may result in an imminent danger to the health of any individual. (Pub. L. 99–660, title IV, § 412, Nov. 14, 1986, 100 Stat. 3785.) § 11113. Payment of reasonable attorneys’ fees and costs in defense of suit In any suit brought against a defendant, to the extent that a defendant has met the standards set forth under section 11112(a) of this title and the defendant substantially prevails, the court shall, at the conclusion of the action, award to a substantially prevailing party defendin

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11113

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 11113. This identifies an authority to review, not proof of applicability.