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DOE v. LEAVITT

No. 08-1431.

552 F.3d 75 (2009)

John DOE, M.D., Plaintiff, Appellant, v. Michael O. LEAVITT, Secretary of Health and Human Services, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 14, 2009.

Attorney(s) appearing for the Case

Michael A. Duddy, with whom Kelly, Remmel & Zimmerman was on brief, for appellant.

Eric Fleisig-Greene, Attorney, Appellate Staff, with whom Gregory G. Katsas, Assistant Attorney General, Civil Division, Paula D. Silsby, United States Attorney, and Mark B. Stern, Attorney, Appellate Staff, were on brief, for appellee.

Before BOUDIN, SELYA, and STAHL, Circuit Judges.

SELYA, Circuit Judge.

This appeal requires us to construe the word "investigation" as that word is used in a provision of the Health Care Quality Improvement Act (HCQIA), a statute that directs hospitals and other health care entities to report to the Secretary of Health and Human Services (the Secretary) in the event that a physician surrenders his clinical privileges while he is "under an investigation" for suspected incompetence or improper professional conduct...

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