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OMAR v. JEWISH HOSP. HEALTHCARE SERVICES

No. 2003-CA-000255-MR.

153 S.W.3d 845 (2004)

Arif M. OMAR, M.D., FACC, Appellant, v. JEWISH HOSPITAL HEALTHCARE SERVICES, INC., and David R. Watkins, M.D., Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court February 9, 2005.

Attorney(s) appearing for the Case

Kent Masterson Brown, Christopher J. Shaughnessy, Lexington, KY, for appellant.

Sharon K. Hager, Edward L. Schoenbaechler, Hall, Render, Killian, Heath & Lyman, P.S.C., Louisville, KY, for appellees.

Before JOHNSON and KNOPF, Judges; and MILLER, Senior Judge.

OPINION

KNOPF, Judge.

On July 2, 2002, Dr. Arif Omar, M.D., resigned from the medical staff of Jewish Hospital in Louisville. By letter dated July 9, 2002, the hospital informed him that because the quality of his care was under investigation, the hospital was obliged by federal regulation to reject his resignation. The hospital was referring to the Health Care Quality Improvement Act (HCQIA), 42 U.S.C. §§ 11101 et seq. As the hospital...

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