[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR1004.50]



[Page 1191]

 

                         TITLE 42--PUBLIC HEALTH

 

      GENERAL--HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 1004_IMPOSITION OF SANCTIONS ON HEALTH CARE PRACTITIONERS AND 

 

                     Subpart C_QIO Responsibilities

 

Sec.  1004.50  Meeting with a practitioner or other person.



    If the practitioner or other person requests a meeting with the 

QIO--

    (a) The QIO panel that meets with the practitioner or other person 

must consist of a minimum of 3 physicians;

    (b) No physician member of the QIO panel may be in direct economic 

competition with the practitioner or other person being considered for 

sanction;

    (c) The QIO must ensure that no physician member of the QIO panel 

has a substantial bias for or against the practitioner or other person 

being considered for sanction;

    (d) At least one member of the QIO panel meeting with the 

practitioner or other person should practice in a similar area, e.g., 

urban or rural, and at least one member of the panel must be in the same 

specialty (both requirements could be met by a single individual);

    (e) If the practitioner or other person has an attorney present, 

that attorney will be permitted to make opening and closing remarks, ask 

clarifying questions and assist the practitioner or other person in 

presenting the testimony of expert witnesses who may appear on the 

practitioner's or other person behalf;

    (f) The physician who recommends to the QIO that a practitioner or 

other person be sanctioned may not vote on that recommendation at the 

meeting;

    (g) The QIO may allow the practitioner or other person 5 working 

days after the meeting to provide the QIO additional relevant 

information that may affect its finding; and

    (h) A verbatim record must be made of the meeting and must be made 

available to the practitioner or other person promptly.