Jones v. Hawai'i Med. Bd.

• Decision Date: 07 November 2022
• Docket Number: CAAP-18-0000776
• Citation: 152 Hawai‘i 25,519 P.3d 767 (Table)
• Court: Hawaii Court of Appeals
• Parties: LILLIAN M. JONES, M.D., Plaintiff-Appellant, v. HAWAI'I MEDICAL BOARD, AHLANI K. QUIOGUE, EO, CONSTANCE I. CABRAL, EO, Defendants-Appellees, and JOHN DOES 1-20, Defendants

LILLIAN M. JONES, M.D., Plaintiff-Appellant, v. HAWAI'I MEDICAL BOARD, AHLANI K. QUIOGUE, EO, CONSTANCE I. CABRAL, EO, Defendants-Appellees, and JOHN DOES 1-20, Defendants

No. CAAP-18-0000776

Intermediate Court of Appeals of Hawaii

November 7, 2022

NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO 1CC151001958)

Lillian M. Jones, Self-represented Plaintiff- Appellant.

Bryan C. Yee, Shari J. Wong, Mana Moriarty, Deputy Attorneys General, State of Hawai'i, for Defendants-Appellees.

Leonard, Presiding Judge, Hiraoka and McCullen, JJ.

MEMORANDUM OPINION

Defendant-Appellee Hawai'i Medical Board examines applicants for a license to practice medicine or surgery; it is under the administrative control of the director of the Hawai'i Department of Commerce and Consumer Affairs.^[1] Self-represented Plaintiff-Appellant Lillian M. Jones appeals from the Final Judgment in favor of the Medical Board and two of its officers, Defendants-Appellees Ahlani K. Quiogue and Constance I. Cabral (the Officers), entered by the Circuit Court of the First Circuit on September 11 2018.^[2] For the reasons explained below, we affirm the Final Judgment.

PROCEDURAL HISTORY

Jones filed the action below on October 8, 2015. She alleged that the Medical Board provided false information about her competence as a physician to the National Practitioner Data Bank.^[3] She filed an amended complaint on April 8, 2016. Her amended complaint alleged counts for: (1) violation of the federal Health Care Quality Improvement Act; (2) libel; (3) defamation; and (4) tortious interference with prospective business advantage.

The Medical Board filed a motion for judgment on the pleadings or, in the alternative, for summary judgment. The motion was heard on March 8, 2017.^[4] The circuit court granted the motion.^[5]

The Officers filed a motion for summary judgment. The motion was heard on December 20, 2017.^[6] The circuit court granted the motion.

The Final Judgment was entered on September 11, 2018. This appeal followed. Jones contends that the circuit court erred by granting the Medical Board's motion for judgment on the pleadings and the Officers' motion for summary judgment.^[7]

STANDARDS OF REVIEW

An order granting a Hawai'i Rules of Civil Procedure (HRCP) Rule 12(c) motion for judgment on the pleadings is reviewed de novo. In re Off. of Info. Pracs. Op. Letter No. F16-01, 147 Hawai'i 286, 294, 465 P.3d 733, 741 (2020).

In a motion for judgment on the pleadings under HRCP Rule 12(c), the movant must clearly establish that no material issue of fact remains to be resolved and that they are entitled to judgment as a matter of law. In considering a motion for judgment on the pleadings, the trial court is required to view the facts presented in the pleadings and the inferences to be drawn therefrom in the light most favorable to the nonmoving party.

Our task on appeal is to determine whether the circuit court's order supports its conclusion that the movant is entitled to judgment as a matter of law and, by implication, that it appears beyond a doubt that the nonmoving party can prove no set of facts in support of its claim that would entitle it to relief under any alternative theory.

Id. (cleaned up).

An order granting summary judgment is also reviewed de novo. Nozawa v. Operating Engineers Local Union No. 3, 142 Hawai'i 331, 338, 418 P.3d 1187, 1194 (2018). Summary judgment is appropriate if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Id. at 342, 418 P.3d at 1198. A fact is material if proof of that fact would have the effect of establishing or refuting one of the essential elements of a cause of action or defense asserted by the parties. Id.

DISCUSSION

I. The Medical Board's Motion

The Medical Board made three legal arguments: (1) there is no private cause of action for alleged violation of the Health Care Quality Improvement Act; (2) Jones's tort claims are barred by sovereign immunity; and (3) Jones's libel and defamations claims are precluded by a judgment in a previous lawsuit.

A. The Health Care Quality Improvement Act did not create a private cause of action.

The federal Health Care Quality Improvement Act:

was enacted in 1986 to improve the quality of medical care by restricting the ability of physicians who have been found to be incompetent from repeating this malpractice by moving from state to state without discovery of such finding. Toward this end, the Act establishes a national reporting system "to follow bad doctors from place to place," and provides immunity from damages for persons participating in professional review activities. Under the national reporting system, insurance companies are required to report medical malpractice payments to the Secretary of Health and Human Services; boards of medical examiners are required to report sanctions imposed against physicians; and health care entities are required to report adverse professional review information. The Act also imposes a duty on hospitals to obtain information reported about any physician who applies for hospital privileges or employment, and to update such information every two years after hospital privileges are granted.

Imperial v. Suburban Hosp. Ass'n, 37 F.3d 1026, 1028 (4th Cir. 1994) (citations omitted). The Health Care Quality Improvement Act did not create a private right of action for persons who are the subjects of required reports. See, e.g., Held v. Decatur Mem'l Hosp., 16 F.Supp.2d 975, 977 (C.D. Ill. 1998) (citing Bok v. Mut. Assurance, Inc., 119 F.3d 927, 929, reh. denied, 132 F.3d 1462 (11th Cir. 1997), cert. denied, 523 U.S. 1118, 118 S.Ct. 1796, 140 L.Ed.2d 937 (1998), and other cases). Jones cites no case holding to the contrary, and we have found none. The circuit court correctly ruled, as a matter of law, that "there is no private cause of action available to [Jones] under" the Health Care Quality Improvement Act.

On appeal, Jones argues that a private cause of action should be implied because:

Under [Health Care Quality Improvement Act] 42 U.S.C. §[ ]11111(a) when a professional review body meets the four statutory requirements prescribed in 42 U.S.C.A. §[ ]11112(a) (West 2005), it is immune from damages.

Jones's argument lacks merit for three reasons.

The Hawai'i Supreme court has stated:

In determining whether a private remedy is implicit in a statute not expressly providing one, several factors are relevant. First, is the plaintiff one of the class for whose especial benefit the statute was enacted; that is, does the statute create a right in favor of the plaintiff?

Flores v. Logan, 151 Hawai'i 357, 368, 513 P.3d 423, 434 (2022) (cleaned up). Doctors who are the subjects of reports to the National Practitioner Data Bank are not within the class of persons the Health Care Quality Improvement Act was enacted to benefit. See Imperial, 37 F.3d at 1028 (noting that "the Act establishes a national reporting system 'to follow bad doctors from place to place[.]'").

Second, 42 U.S.C. §§ 11111 and 11112 provide qualified immunity to professional review bodies "[t]o assure that hospitals and doctors cooperate with the system and engage in meaningful professional review[.]" Imperial, 37 F.3d at 1028. 42 U.S.C. § 11101 (1986) provides that persons participating in professional review activities that meet the standards imposed by 42 U.S.C. § 11112 "shall not be liable in damages under any law of the United States or of any State (or political subdivision thereof)" with respect to the person's participation in such activities. (Emphasis added.) The Health Care Quality Improvement Act provides mandated reporters with qualified immunity from liability under other federal or state laws; it does not create a new private cause of action.

Third, 42 U.S.C. § 11101 does not apply to the Medical Board. It applies only to a "professional review body" and its members, staff, persons under a contract or other formal agreement with it, and persons who participate with or assist it.

The term "professional review body" means a health care entity and the governing body or any committee of a health care entity which conducts professional review activity, and includes any committee of the medical staff of such an entity when assisting the governing body in a professional review activity.

42 U.S.C. § 11151(11) (1986).

The term "health care entity" means, in relevant part:

(i) a hospital that is licensed to provide health care services by the State in which it is located,

(ii) an entity (including a health maintenance organization or group medical practice) that provides health care services and that follows a formal peer review process for the purpose of furthering quality health care (as determined under regulations of the Secretary), and

(iii) . . . a professional society (or committee thereof) of physicians or other licensed health care practitioners that follows a formal peer review process for the purpose of furthering quality health care (as determined under regulations of the Secretary).

42 U.S.C. § 11151(4)(A) (1986). The Medical Board is not a "professional review body" as defined by the Health Care Quality Improvement Act.

B. Jones's tort claims are barred by sovereign immunity.

By the State Tort Liability Act, Hawaii Revised Statutes (HRS) Chapter 662, the State generally waived its sovereign immunity for the torts of its employees. HRS § 662-2 (2016). However, the waiver does not apply to:

Any claim arising out of assault, battery, false imprisonment, false arrest,

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