United States Eleventh Circuit
Leal v. Sec'y., US Dept. of Health & Hum. Servs., 09-15727
In an action under the Administrative Procedure Act (APA) seeking a court order requiring the Secretary of Health and Human Services to remove a report about plaintiff-physician's alleged misconduct from the National Practitioner Data Bank, judgment for defendant is affirmed where: 1) the consistency between the Hospital's letters and its report to the Data Bank established the report's factual accuracy in the only sense that matters under the Health Care Quality Improvement Act; and 2) "imminent danger" was not required before a summary suspension is reportable under the Act.
Appellate Information
- Decided 09/22/2010
- Published 09/22/2010
Judges
- Julie M. Carnes
Court
- United States Eleventh Circuit