Emory Law Journal


Caitlin Pardue


The current complexities of the False Claims Act and the Affordable Care Act have impacted the rise of government enforcement of fraud and abuse laws within health care entities. Yet this rise in enforcement does not adequately address efforts focused on preventing unintentional violations from occurring. This Comment analyzes the peer review privilege established in the Patient Safety Quality Improvement Act of 2005 (PSQIA), which established a privilege for data collected to improve patient safety, and suggests that a compliance audit privilege fulfills a similar goal. Although there are several differences between patient safety data and compliance audit data, this Comment argues that such differences should not preclude Congress from enacting a compliance audit privilege because compliance and patient safety have compelling similarities. The PSQIA and compliance audits both aim to improve quality and compliance through proactive efforts collecting data, performing ongoing root cause analyses, and encouraging a culture of openness within a health care entity.