1. Did Congress, in enacting the HCQIA, constitutionally authorize the Secretary of HHS and its NPDB division to create rules under 42 U.S.C. §11136, "Disclosure and correction of information," to create rules broadly affecting the vast economic group of every "physician or other health care practitioner" in the United States, without any other guidance, by which HHS adopted limited, non-Due Process review "procedures in the case of disputed accuracy" of information in the Adverse Action Reports, resulting in HHS maintaining and publishing the AARs as "reviewed" by the Secretary, with the effect of broadly precluding reported physicians and other healthcare practitioners from further employment in their chosen professions.

2. Whether the Health Care Quality Improvement Act of 1986 (HCQIA) and the HHS-adopted regulations and sub-regulatory guidance for the agency-created National Practitioner Data Bank (NPDB) are unconstitutional as written and as applied, for failing to require Due Process to licensed professionals in the reporting and review of Adverse Action Reports (AAR) made by private hospitals which are then released by HHS to future employers and broadly and permanently preclude future employment.

3. Whether Respondents violated Petitioner's constitutional rights and the Administrative Procedure Act by accepting, maintaining and releasing to all inquiring hospitals a disputed AAR against Petitioner, under the HCQIA and HHS regulations and sub-regulatory guidance, submitted by a private hospital, for surrender of clinical privileges during an "investigation" fraudulently concealed from Petitioner, where the HSS expressly

Whether the Health Care Quality Improvement Act of 1986 (HCQIA) and its mandated adverse 'professional review actions' (Adverse Action Reports (AARs)) from private hospitals violate due process rights of physicians under the Fifth Amendment