The Pennsylvania Superior Court has decided the Pennsylvania Peer Review Protection Act does not apply to alleged peer review activity conducted by Blue Cross of Northeastern Pennsylvania, because Blue Cross is not a professional healthcare provider as defined in the Pennsylvania Peer Review Act.  Blue Cross argued it should have been protected because it’s activities were conducted by a peer review committee, but the Court pointed out that the “definition of peer review requires that it be initiated by a professional healthcare provider… and a review committee cannot be conducting peer review unless their review is being performed by a professional healthcare provider”.

The Opinion can be found at Anne Marie Venosh v. Jack Henzes, M.D., Cindy Anderson, PA-C, Scranton Orthopedic Specialists, P.C. and Moses Taylor Hospital.