Patel v. Ga. Dep’t of Behavioral Health and Developmental Disabilities (Summary)
HCQIA
Patel v. Ga. Dep’t of Behavioral Health and Developmental Disabilities, No. 12-14160 (11th Cir. Apr. 22, 2013)
The United States Court of Appeals for the Eleventh Circuit dismissed a physician’s HCQIA claim in a lawsuit brought by a physician alleging, among other things, violation of the HCQIA and Fourteenth Amendment right to due process by a state department of behavioral health that allegedly terminated him without a hearing after he complained about not receiving a raise and because he refused to work the night shift while on jury duty leave.
The physician alleged that the lower court, which dismissed his discrimination claims for failure to comply with the statute of limitations, failed to address all of the claims raised in his complaint – specifically, those related to the lack of due process. The court agreed and remanded the Fourteenth Amendment and state due process claims to the lower court. It dismissed the HCQIA claim, however, holding that no private cause of action exists under the HCQIA.