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The effect of threshold amounts for reporting malpractice payments to the National Practitioner Data Bank: analysis using the closed claims data base of the Office of the Assistant Secretary of Defense (Health Affairs).

The study determines the extent to which payment thresholds for reporting malpractice claims to the National Practitioner Data Bank identifies substandard health care delivery in the Department of Defense. Relevant data were available on 2,291 of 2,576 medical malpractice claims reported to the closed medical malpractice case data base of the Office of the Assistant Secretary of Defense (Health Affairs). Amount paid was analyzed as a diagnostic test using standard of care assessment from each military Surgeon General office as the criterion. Using different paid threshold amounts per claim as a positive test, the sensitivity of identifying substandard care declined from 0.69 for all paid cases to 0.41 for claims over $40,000. Specificity increased from 0.75 for all paid claims to 0.89 for claims over $40,000. Positive and negative predictive values and likelihood ratio were similar at all thresholds. Malpractice case payment was of limited value for identifying substandard medical practice. All paid claims missed about 30% of substandard care, and reported about 25% of acceptable medical practice.

Government Agencies↗

Amending the National Practitioner Data Bank reporting requirements: are small claims predictive of large claims?

This study addresses whether a physician incurring small malpractice claims is predictive of large claims. This is one consideration behind reevaluating whether all claims that result in an indemnity payment should continue to be reported to the National Practitioner Data Bank, or whether claims with payments below some "floor" should be excluded. Using a claims database from 3,098 physicians for 1977-1986, both cross-sectional and longitudinal analyses show that an individual having a small claim (under $30,000) is indicative of a propensity to incur large claims. This finding is robust to the cutpoint between large and small claims.

Cross-Sectional Studies↗

The National Practitioner Data Bank: the first 18 months.

In response to a need for information on the quality of professional practice and a perceived threat to the preservation of the peer review process, as well as to concern about the cost to society of incompetent physicians, Congress passed the Health Care Quality Improvement Act of 1986. The Act established a legal basis for protecting peer review and quality assurance activities. It also established a national reporting system, the National Practitioner Data Bank (NPDB), which is intended to ensure that appropriate information is available to be used in the peer review process.

Licensure, Medical↗

Quality assurance implications of federal peer review laws. The Health Care Quality Improvement Act and the National Practitioner Data Bank.

Patrick v. Burget, the landmark peer review case holding physicians liable under federal antitrust law for substantial damages caused by bad faith peer review, gave rise to the Health Care Quality Improvement Act. As shown in the recent decision in Austin v. McNamara, the Act's conditional immunities may promote peer review. However, the Act also created the National Practitioner Data Bank, which may have a chilling effect on peer review. The quality assurance implications of each of these federal legal developments is analyzed.

Antitrust Laws↗

National Practitioner Data Bank for Adverse Information on Physicians and Other Health Care Practitioners--PHS. Final regulations.

This final rule amends the existing regulations governing the National Practitioner Data Bank for Adverse Information on Physicians and Other Health Care Practitioners (the Data Bank), codified at 45 CFR part 60, authorizing the reporting and release of information concerning: (1) Payments made for the benefit of physicians, dentists, and other health care practitioners as a result of medical malpractice actions or claims; and (2) certain adverse actions taken regarding the licenses and clinical privileges of physicians and dentists. This final rule revises section 60.12 to change the process for collecting user fees from eligible individuals and entities requesting disclosure of information from the Data Bank.

Databases, Factual↗