Hickman v. Catholic Health Initiatives (Summary)

PEER REVIEW IMMUNITY

Hickman v. Catholic Health Initiatives, No. 13CA0939 (Colo. Ct. App. Aug. 29, 2013)

Beginning in 1989, Colorado hospitals have been statutorily immune from damages in any civil action brought against the hospital due to a peer review decision.  On July 1, 2012, the law granting immunity was nullified by a new law.  The question before the Colorado Court of Appeals was which law applied when a credentialing decision and alleged injury occurred before the July 1, 2012 effective date of the new statute, but a negligent credentialing claim was not filed against the hospital until after that date.  The Colorado Court of Appeals rejected the hospital’s assertion of immunity holding that the current state statute, which nullifies the immunity with regard to credentialing decisions, applied retroactively.  The court found that the language of the current statute shows the General Assembly’s intent to apply the new statute retroactively and the retroactive application did not impair the hospital’s vested rights.  The court could not conclude that the retroactive application of the current state statute imposed a constitutional disability.  The court further held that the current statute is remedial, finding that the old statute did not provide immunity from suit but immunity from damages and that the hospital’s statutory immunity is not a vested right or liability.