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42 U.S.C. § 11136 — Duty of hospitals to obtain information
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** It is the duty of each hospital to request from the Secretary (or the agency designated under [section 11134(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11134/b&num=0&edition=prelim)), on and after the date information is first required to be reported under [section 11134(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11134/a&num=0&edition=prelim))— 11 So in original. The closing parenthesis probably should not appear.
(1) at the time a physician or licensed health care practitioner applies to be on the medical staff (courtesy or otherwise) of, or for clinical privileges at, the hospital, information reported under this subchapter concerning the physician or practitioner, and
(2) once every 2 years information reported under this subchapter concerning any physician or such practitioner who is on the medical staff (courtesy or otherwise) of, or has been granted clinical privileges at, the hospital.
A hospital may request such information at other times.
**(b) Failure to obtain information** With respect to a medical malpractice action, a hospital which does not request information respecting a physician or practitioner as required under subsection (a) is presumed to have knowledge of any information reported under this subchapter to the Secretary with respect to the physician or practitioner.
**(c) Reliance on information provided** Each hospital may rely upon information provided to the hospital under this chapter and shall not be held liable for such reliance in the absence of the hospital’s knowledge that the information provided was false.
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Source file: Laws/federal/codes/united-states-code/title-42/section-11136-duty-of-hospitals-to-obtain-information--1ad73a8e7b.md
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Source location: Title 42, Chapter 117, § 11136; chapter-117-encouraging-good-faith-professional-review-activities.md
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**(a) In general** It is the duty of each hospital to request from the Secretary (or the agency designated under [section 11134(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11134/b&num=0&edition=prelim)), on and after the date information is first required to be reported under [section 11134(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11134/a&num=0&edition=prelim))— 11 So in original. The closing parenthesis probably should not appear.
(1) at the time a physician or licensed health care practitioner applies to be on the medical staff (courtesy or otherwise) of, or for clinical privileges at, the hospital, information reported under this subchapter concerning the physician or practitioner, and
(2) once every 2 years information reported under this subchapter concerning any physician or such practitioner who is on the medical staff (courtesy or otherwise) of, or has been granted clinical privileges at, the hospital.
A hospital may request such information at other times.
**(b) Failure to obtain information** With respect to a medical malpractice action, a hospital which does not request information respecting a physician or practitioner as required under subsection (a) is presumed to have knowledge of any information reported under this subchapter to the Secretary with respect to the physician or practitioner.
**(c) Reliance on information provided** Each hospital may rely upon information provided to the hospital under this chapter and shall not be held liable for such reliance in the absence of the hospital’s knowledge that the information provided was false.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Providing licensing boards and other health care entities with access to information** The Secretary (or the agency designated under [section 11134(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11134/b&num=0&edition=prelim)) shall, upon request, provide information reported under this subchapter with respect to a physician or other licensed health care practitioner to State licensing boards, to hospitals, and to other health care entities (including health maintenance organizations) that have entered (or may be entering) into an employment or affiliation relationship with the physician or practitioner or to which the physician or practitioner has applied for clinical privileges or appointment to the medical staff.
**(b) Confidentiality of information**
(1) **In general** — Information reported under this subchapter is considered confidential and shall not be disclosed (other than to the physician or practitioner involved) except with respect to professional review activity, as necessary to carry out subsections (b) and (c) of [section 11135 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11135&num=0&edition=prelim) (as specified in regulations by the Secretary), or in accordance with regulations of the Secretary promulgated pursuant to subsection (a). Nothing in this subsection shall prevent the disclosure of such information by a party which is otherwise authorized, under applicable State law, to make such disclosure. Information reported under this subchapter that is in a form that does not permit the identification of any particular health care entity, physician, other health care practitioner, or patient shall not be considered confidential. The Secretary (or the agenc
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11151
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Federal law — U.S. Code and appendices · legal_authorities
Page 8118
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 11134
1 So in original. The closing parenthesis probably should not
appear.
shall lose the protections of section 11111(a)(1)
of this title if the Secretary publishes the
name of the entity under section 11111(b) of
this title.
(2) Board of Medical Examiners
If, after notice of noncompliance and pro-
viding an opportunity to correct noncompli-
ance, the Secretary determines that a Board
of Medical Examiners has failed to report in-
formation in accordance with subsection (b),
the Secretary shall designate another quali-
fied entity for the reporting of information
under subsection (b).
(d) References to Board of Medical Examiners
Any reference in this subchapter to a Board of
Medical Examiners includes, in the case of a
Board in a State that fails to meet the reporting
requirements of section 11132(a) of this title or
subsection (b), a reference to such other quali-
fied entity as the Secretary designates.
(Pub. L. 99–660, title IV, § 423, Nov. 14, 1986, 100
Stat. 3789.)
§ 11134. Form of reporting
(a) Timing and form
The information required to be reported under
sections 11131, 11132(a), and 11133 of this title
shall be reported regularly (but not less often
than monthly) and in such form and manner as
the Secretary prescribes. Such information shall
first be required to be reported on a date (not
later than one year after November 14, 1986)
specified by the Secretary.
(b) To whom reported
The information required to be reported under
sections 11131, 11132(a), and 11133(b) of this title
shall be reported to the Secretary, or, in the
Secretary’s discretion, to an appropriate private
or public agency which has made suitable ar-
rangements with the Secretary with respect to
receipt, stora
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11136
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