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42 U.S.C. § 11101 — Reports and memoranda of understanding

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11101 — Reports and memoranda of understanding

**(a) Annual reports to Congress** The Secretary shall report to Congress, annually during the three years after November 14, 1986, on the implementation of this chapter. **(b) Memoranda of understanding** The Secretary of Health and Human Services shall seek to enter into memoranda of understanding with the Secretary of Defense and the Administrator of Veterans’ Affairs to apply the provisions of subchapter II of this chapter to hospitals and other facilities and health care providers under the jurisdiction of the Secretary or Administrator, respectively. The Secretary shall report to Congress, not later than two years after November 14, 1986, on any such memoranda and on the cooperation among such officials in establishing such memoranda. **(c) Memorandum of understanding with Drug Enforcement Administration** The Secretary of Health and Human Services shall seek to enter into a memorandum of understanding with the Administrator of Drug Enforcement relating to providing for the reporting by the Administrator to the Secretary of information respecting physicians and other practitioners whose registration to dispense controlled substances has been suspended or revoked under [section 824 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section824&num=0&edition=prelim). The Secretary shall report to Congress, not later than two years after November 14, 1986, on any such memorandum and on the cooperation between the Secretary and the Administrator in establishing such a memorandum.

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Source file: Laws/federal/codes/united-states-code/title-42/section-11101-reports-and-memoranda-of-understanding--58a9613aef.md
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Source location: Title 42, Chapter 117, § 11101; chapter-117-encouraging-good-faith-professional-review-activities.md

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 824 — Denial, revocation, or suspension of registration

**(a) Grounds** A registration pursuant to [section 823 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section823&num=0&edition=prelim) to manufacture, distribute, or dispense a controlled substance or a list I chemical may be suspended or revoked by the Attorney General upon a finding that the registrant— (1) has materially falsified any application filed pursuant to or required by this subchapter or subchapter II; (2) has been convicted of a felony under this subchapter or subchapter II or any other law of the United States, or of any State, relating to any substance defined in this subchapter as a controlled substance or a list I chemical; (3) has had his State license or registration suspended, revoked, or denied by competent State authority and is no longer authorized by State law to engage in the manufacturing, distribution, or dispensing of controlled substances or list I chemicals or has had the suspension, revocation, or denial of his registration recommended by competent State authority; (4) has committed such acts as would render his registration under [section 823 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section823&num=0&edition=prelim) inconsistent with the public interest as determined under such section; or (5) has been excluded (or directed to be excluded) from participation in a program pursuant to [section 1320a–7(a) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320a–7/a&num=0&edition=prelim). A registration pursuant to [section 823(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section823/h&num=0&edition=prelim) to dispense a narcotic drug for maintenance treatment or detoxification tr

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 301 — Department

**(a)** The Department of Veterans Affairs is an executive department of the United States. **(b)** The purpose of the Department is to administer the laws providing benefits and other services to veterans and the dependents and the beneficiaries of veterans. **(c)** The Department is composed of the following: (1) The Office of the Secretary. (2) The Veterans Health Administration. (3) The Veterans Benefits Administration. (4) The National Cemetery Administration. (5) The Board of Veterans’ Appeals. (6) The Veterans’ Canteen Service. (7) The Board of Contract Appeals. (8) Such other offices and agencies as are established or designated by law or by the President or the Secretary. (9) Any office, agency, or activity under the control or supervision of any element named in paragraphs (1) through (8).

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 301

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1071 — Purpose of this chapter

The purpose of this chapter is to create and maintain high morale in the uniformed services by providing an improved and uniform program of medical and dental care for members and certain former members of those services, and for their dependents.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1703F — Credentialing verification requirements for providers of non-Department health care services

**(a) In General.—** The Secretary shall ensure that Third Party Administrators and credentials verification organizations comply with the requirements specified in subsection (b) to help ensure certain health care providers are excluded from providing non-Department health care services. **(b) Requirements Specified.—** The Secretary shall require Third Party Administrators and credentials verification organizations to carry out the following: (1) Hold and maintain an active credential verification accreditation from a national health care accreditation body. (2) Conduct initial verification of provider history and license sanctions for all States and United States territories for a period of time— (A) that includes the period before the provider began providing non-Department health care services; and (B) dating back not less than 10 years. (3) Not less frequently than every three years, perform recredentialing, including verifying provider history and license sanctions for all States and United States territories. (4) Implement continuous monitoring of each provider through the National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 ([42 U.S.C. 11101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11101&num=0&edition=prelim) et seq.). (5) Perform other forms of credentialing verification as the Secretary considers appropriate. **(c) Definitions.—** In this section: (1) The term “credentials verification organization” means an entity that manages the provider credentialing process and performs credentialing verification for non-Department providers that participate in the Veterans Community Care Program under [section 1703 of this title](https://uscode.house.gov/view.xhtml?req=g

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1703F

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7414 — Compliance with requirements for examining qualifications and clinical abilities of health care professionals

**(a) Compliance With Credentialing Requirements.—** The Secretary shall ensure that each medical center of the Department, in a consistent manner— (1) compiles, verifies, and reviews documentation for each health care professional of the Department at such medical center regarding, at a minimum— (A) the professional licensure, certification, or registration of the health care professional; (B) whether the health care professional holds a Drug Enforcement Administration registration; and (C) the education, training, experience, malpractice history, and clinical competence of the health care professional; and (2) continuously monitors any changes to the matters under paragraph (1), including with respect to suspensions, restrictions, limitations, probations, denials, revocations, and other changes, relating to the failure of a health care professional to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients. **(b) Registration Regarding Controlled Substances.—** (1) Except as provided in paragraph (2), the Secretary shall ensure that each covered health care professional holds an active Drug Enforcement Administration registration. (2) The Secretary shall— (A) determine the circumstances in which a medical center of the Department must obtain a waiver under section 302(d) of the Controlled Substances Act ([21 U.S.C. 822(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section822/d&num=0&edition=prelim)) with respect to covered health care professionals; and (B) establish a process for medical centers to request such waivers. (3) In carrying out paragraph (1), the Secretary shall ensure that each medical center of the Department monitors the Drug Enforceme

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7414

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1320a–7e — Health care fraud and abuse data collection program

**(a) In general** The Secretary shall maintain a national health care fraud and abuse data collection program under this section for the reporting of certain final adverse actions (not including settlements in which no findings of liability have been made) against health care providers, suppliers, or practitioners as required by subsection (b), with access as set forth in subsection (d), and shall furnish the information collected under this section to the National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 ([42 U.S.C. 11101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11101&num=0&edition=prelim) et seq.). **(b) Reporting of information** (1) **In general** — Each Government agency and health plan shall report any final adverse action (not including settlements in which no findings of liability have been made) taken against a health care provider, supplier, or practitioner. (2) **Information to be reported** — The information to be reported under paragraph (1) includes: (A) The name and TIN (as defined in section 7701(a)(41) of the Internal Revenue Code of 1986) of any health care provider, supplier, or practitioner who is the subject of a final adverse action. (B) The name (if known) of any health care entity with which a health care provider, supplier, or practitioner, who is the subject of a final adverse action, is affiliated or associated. (C) The nature of the final adverse action and whether such action is on appeal. (D) A description of the acts or omissions and injuries upon which the final adverse action was based, and such other information as the Secretary determines by regulation is required for appropriate interpretation of information reported under this se

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1320a–7e

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1396r–2 — Information concerning sanctions taken by State licensing authorities against health care practitioners and providers

**(a) Information reporting requirement** The requirement referred to in [section 1396a(a)(49) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a/a/49&num=0&edition=prelim) is that the State must provide for the following: (1) **Information reporting system** (A) *Licensing or certification actions* — The State must have in effect a system of reporting the following information with respect to formal proceedings (as defined by the Secretary in regulations) concluded against a health care practitioner or entity by a State licensing or certification agency: (i) Any adverse action taken by such licensing authority as a result of the proceeding, including any revocation or suspension of a license (and the length of any such suspension), reprimand, censure, or probation. (ii) Any dismissal or closure of the proceedings by reason of the practitioner or entity surrendering the license or leaving the State or jurisdiction. (iii) Any other loss of license or the right to apply for, or renew, a license by the practitioner or entity, whether by operation of law, voluntary surrender, nonrenewability, or otherwise. (iv) Any negative action or finding by such authority, organization, or entity regarding the practitioner or entity. (B) *Other final adverse actions* — The State must have in effect a system of reporting information with respect to any final adverse action (not including settlements in which no findings of liability have been made) taken against a health care provider, supplier, or practitioner by a State law or fraud enforcement agency. (2) **Access to documents** — The State must provide the Secretary (or an entity designated by the Secretary) with access to such documents of a State licensing or

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396r–2

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11101 — Findings

Page 8114 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11101 1 So in original. Probably should be ‘‘for purposes of subpara- graph (A),’’. Sec. 11115. Construction. SUBCHAPTER II—REPORTING OF INFORMATION 11131. Requiring reports on medical malpractice payments. 11132. Reporting of sanctions taken by Boards of Medical Examiners. 11133. Reporting of certain professional review ac- tions taken by health care entities. 11134. Form of reporting. 11135. Duty of hospitals to obtain information. 11136. Disclosure and correction of information. 11137. Miscellaneous provisions. SUBCHAPTER III—DEFINITIONS AND REPORTS 11151. Definitions. 11152. Reports and memoranda of understanding. § 11101. Findings The Congress finds the following: (1) The increasing occurrence of medical malpractice and the need to improve the qual- ity of medical care have become nationwide problems that warrant greater efforts than those that can be undertaken by any indi- vidual State. (2) There is a national need to restrict the ability of incompetent physicians to move from State to State without disclosure or dis- covery of the physician’s previous damaging or incompetent performance. (3) This nationwide problem can be remedied through effective professional peer review. (4) The threat of private money damage li- ability under Federal laws, including treble damage liability under Federal antitrust law, unreasonably discourages physicians from par- ticipating in effective professional peer re- view. (5) There is an overriding national need to provide incentive and protection for physi- cians engaging in effective professional peer review. (Pub. L. 99–660, title IV, § 402, Nov. 14, 1986, 100 Stat. 3784.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L.

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11101

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