FOIA Request Filed Over Missing Peer Review Notice and Overdue Appeal to President Grasso

I did not receive notice of a 2018 peer review conducted by psychiatrist Dr. Kirk Brower while I was on approved medical leave, raising concerns under federal disability and due process protections.

After discovering this, I submitted a FOIA request to the University of Michigan seeking records related to the peer review notice. The University denied the request, citing a “peer review exemption.” This denial raises two key issues:

A notice, by definition, is intended to inform the physician being reviewed.
Withholding such notice raises questions about compliance with federal due process standards governing professional review actions.

Under the Health Care Quality Improvement Act (HCQIA), professional review actions must meet specific requirements, including providing adequate notice to the physician involved.

Relevant statute:

42 U.S.C. § 11112 – Standards for Professional Review Actions
A professional review action must be taken:
(1) in the reasonable belief that it furthers quality health care;
(2) after a reasonable effort to obtain the facts;
(3) after adequate notice and hearing procedures are afforded to the physician; and
(4) in the reasonable belief that the action is warranted by the known facts.

The statute further specifies that adequate notice includes informing the physician of:

The proposed action
The reasons for the action

Despite these requirements, I received no notice of the peer review.

I appealed the University’s FOIA denial to President Grasso. That appeal is now overdue, and the University has not issued a response.

As a result, I have submitted an additional FOIA request seeking records of President Grasso’s response—or lack thereof—to my appeal. This request is intended to compel the University to address the outstanding FOIA appeal and clarify its handling of the peer review notice.

FOIA Request for Overdue University of Michigan FOIA Appeal For Peer Review Notice

FOIA Appeal to President Grasso for Bradley Foerster's Peer Review Notice

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Brad Foerster, MD PhD

Brad Foerster is a FOIA advocate documenting requests, transparency disputes, and accountability investigations involving public agencies, universities, police oversight, and Russia-Gate related inquiries. His work compiles original documents, timelines, and analysis of public records and institutional responses. Brad is also a board-certified radiologist, author of Town & Gown, and has published over 40 peer-reviewed articles. Brad lives in Potomac, Maryland with his family and is active in the Montgomery County Medical Society and the Takoma Park U.S. & World History Book Club.