Members of Congress in both chambers have introduced bipartisan legislation that would grant due process rights to radiologists employed by third-party contractors or physician staffing companies.
Lawmakers note that federal law has not been updated to reflect changes in the healthcare industry. Currently, such rights—to a fair process before termination, restriction or reduction of professional activities—are not offered to all physicians.
Sponsors including Sens. Roger Marshall, MD, R-Kan., and Elizabeth Warren, D-Mass., hope to remedy this issue so contracted physicians will be held harmless when reporting safety issues. Those supporting the Physician and Patient Safety Act include the American College of Radiology, American College of Emergency Physicians, American Medical Association and the American Osteopathic Association.
“Due process rights allow physicians to confidently advocate for their patients without the concern of facing termination,” Marshall said in a statement. “Over time, these protections have gradually diminished across various departments, posing risks to patient safety. Our legislation aims to address this issue by closing loopholes and enabling all physicians to uphold the integrity of the health care system.”
Reps. Raul Ruiz, MD, D-Calif., John Joyce, MD, R-Pa., Katie Porter, D-Calif., and Greg Murphy, MD, R-N.C., are sponsoring the House version of the bill. Multiple studies have shown that a lack of due process can distort the practice of medicine, contribute to the physician workforce shortages, and prioritize financial incentives over appropriate clinical care, supporters note.
“Protecting the rights of physicians is not just a matter of professional respect, but a cornerstone of patient safety and quality healthcare,” Howard Chang, MD, president of the Kansas Chapter of the American College of Emergency Physicians, said in the same announcement. “The Physician and Patient Safety Act helps ensure that physicians facing potential termination, restriction or reduction of their professional activity are granted due process rights. This upholds the integrity of medicine and fosters an environment of accountability and trust. It is a big step for both doctors and patients, safeguarding the pillars of our healthcare system.”
Editor's Note: This story has been updated to include the American College of Radiology as a supporter of the legislation.
Marty Stempniak has covered healthcare since 2012, with his byline appearing in the American Hospital Association's member magazine, Modern Healthcare and McKnight's. Prior to that, he wrote about village government and local business for his hometown newspaper in Oak Park, Illinois. He won a Peter Lisagor and Gold EXCEL awards in 2017 for his coverage of the opioid epidemic.