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42 U.S.C. § 11112 — Professional review

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

42 U.S.C. § 11112 — Professional review

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Stable record: federal_law:legal_authorities:record_usc_653cf04f511d254a4039a8cc
Source file: Laws/federal/codes/united-states-code/title-42/section-11112-professional-review--ee74a55cb6.md
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Source location: Title 42, Chapter 117, § 11112; chapter-117-encouraging-good-faith-professional-review-activities.md

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**(a) In general** (1) **Limitation on damages for professional review actions** — If a professional review action (as defined in [section 11151(9) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11151/9&num=0&edition=prelim)) of a professional review body meets all the standards specified in [section 11112(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11112/a&num=0&edition=prelim), except as provided in subsection (b)— (A) the professional review body, (B) any person acting as a member or staff to the body, (C) any person under a contract or other formal agreement with the body, and (D) any person who participates with or assists the body with respect to the action, shall not be liable in damages under any law of the United States or of any State (or political subdivision thereof) with respect to the action. The preceding sentence shall not apply to damages under any law of the United States or any State relating to the civil rights of any person or persons, including the Civil Rights Act of 1964, [42 U.S.C. 2000e](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim), et seq. and the Civil Rights Acts, [42 U.S.C. 1981](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1981&num=0&edition=prelim), et seq. Nothing in this paragraph shall prevent the United States or any Attorney General of a State from bringing an action, including an action under [section 15c of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15c&num=0&edition=prelim), where such an action is otherwise authorized. (2) **Protection for those providing information to professional review bodies** — Notwithstanding any other provision of law, no person (whether as a witness or otherwise) providing information to a professional review body regarding the competence or professional conduct of a physician shall be held, by reason of having provided such information, to be liable in damages under any law of the United States or of any State (or political subdivision thereof) unless such information is false and the person providing it knew that such information was false. **(b) Exception** If the Secretary has reason to believe that a health care entity has failed to report information in accordance with [section 11133(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11133/a&num=0&edition=prelim), the Secretary shall conduct an investigation. If, after providing notice of noncompliance, an opportunity to correct the noncompliance, and an opportunity for a hearing, the Secretary determines that a health care entity has failed substantially to report information in accordance with [section 11133(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11133/a&num=0&edition=prelim), the Secretary shall publish the name of the entity in the Federal Register. The protections of subsection (a)(1) shall not apply to an entity the name of which is published in the Federal Register under the previous sentence with respect to professional review actions of the entity commenced during the 3-year period beginning 30 days after the date of publication of the name. **(c) Treatment under State laws** (1) **Professional review actions taken on or after October 14, 1989** — Except as provided in paragraph (2), subsection (a) shall apply to State laws in a State only for professional review actions commenced on or after October 14, 1989. (2) **Exceptions** (A) *State early opt-in* — Subsection (a) shall apply to State laws in a State for actions commenced before October 14, 1989, if the State by legislation elects such treatment. (B) *Effective date of election* — An election under State law is not effective, for purposes of,11 So in original. Probably should be “for purposes of subparagraph (A),”. for actions commenced before the effective date of the State law, which may not be earlier than the date of the enactment of that law.

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

42 U.S.C. § 2000e — Definitions

For the purposes of this subchapter— **(a)** The term “person” includes one or more individuals, governments, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11, or receivers. **(b)** The term “employer” means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include (1) the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service (as defined in [section 2102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2102&num=0&edition=prelim)), or (2) a bona fide private membership club (other than a labor organization) which is exempt from taxation under [section 501(c) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/c&num=0&edition=prelim), except that during the first year after March 24, 1972, persons having fewer than twenty-five employees (and their agents) shall not be considered employers. **(c)** The term “employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person. **(d)** The term “labor organization” means a labor organization engaged in an industry affecting commerce, and any

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

42 U.S.C. § 1981 — Equal rights under the law

**(a) Statement of equal rights** All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other. **(b) “Make and enforce contracts” defined** For purposes of this section, the term “make and enforce contracts” includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. **(c) Protection against impairment** The rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of State law.

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

15 U.S.C. § 15c — Actions by State attorneys general

**(a) Parens patriae; monetary relief; damages; prejudgment interest** (1) Any attorney general of a State may bring a civil action in the name of such State, as parens patriae on behalf of natural persons residing in such State, in any district court of the United States having jurisdiction of the defendant, to secure monetary relief as provided in this section for injury sustained by such natural persons to their property by reason of any violation of sections 1 to 7 of this title. The court shall exclude from the amount of monetary relief awarded in such action any amount of monetary relief (A) which duplicates amounts which have been awarded for the same injury, or (B) which is properly allocable to (i) natural persons who have excluded their claims pursuant to subsection (b)(2) of this section, and (ii) any business entity. (2) The court shall award the State as monetary relief threefold the total damage sustained as described in paragraph (1) of this subsection, and the cost of suit, including a reasonable attorney’s fee. The court may award under this paragraph, pursuant to a motion by such State promptly made, simple interest on the total damage for the period beginning on the date of service of such State’s pleading setting forth a claim under the antitrust laws and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of such interest for such period is just in the circumstances. In determining whether an award of interest under this paragraph for any period is just in the circumstances, the court shall consider only— (A) whether such State or the opposing party, or either party’s representative, made motions or asserted claims or defenses so lacking in merit as to show that such party or representative acted

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

42 U.S.C. § 11137 — Disclosure and correction of information

With respect to the information reported to 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)) under this subchapter respecting a physician or other licensed health care practitioner, the Secretary shall, by regulation, provide for— (1) disclosure of the information, upon request, to the physician or practitioner, and (2) procedures in the case of disputed accuracy of the information.

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

42 U.S.C. § 2000a — Prohibition against discrimination or segregation in places of public accommodation

**(a) Equal access** All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin. **(b) Establishments affecting interstate commerce or supported in their activities by State action as places of public accommodation; lodgings; facilities principally engaged in selling food for consumption on the premises; gasoline stations; places of exhibition or entertainment; other covered establishments** Each of the following establishments which serves the public is a place of public accommodation within the meaning of this subchapter if its operations affect commerce, or if discrimination or segregation by it is supported by State action: (1) any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence; (2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station; (3) any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and (4) any establishment (A)(i) which is physically located within the premises of any establishment otherwise covered by this subsection, or (ii) within the premises of which is physically located any such cove

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

42 U.S.C. § 11112 — Standards for professional review ac-

Page 8115 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11112 before the effective date of the State law, which may not be earlier than the date of the enactment of that law. (Pub. L. 99–660, title IV, § 411, Nov. 14, 1986, 100 Stat. 3784; Pub. L. 100–177, title IV, § 402(c), as added Pub. L. 101–239, title VI, § 6103(e)(6)(A), Dec. 19, 1989, 103 Stat. 2208.) Editorial Notes REFERENCES IN TEXT The Civil Rights Act of 1964, referred to in subsec. (a)(1), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, which is classified principally to subchapters II to IX (§ 2000a et seq.) of chapter 21 of this title. Title VII of this Act relates to equal employment opportunities, and is clas- sified generally to subchapter VI (§ 2000e et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. The Civil Rights Acts, referred to in subsec. (a)(1), are classified generally to chapter 21 (§ 1981 et seq.) of this title. AMENDMENTS 1989—Subsec. (c)(2)(B), (C). Pub. L. 101–239 added Pub. L. 100–177, § 402(c), see 1987 Amendment note below. 1987—Subsec. (c)(2)(B), (C). Pub. L. 100–177, § 402(c), as added by Pub. L. 101–239, redesignated subpar. (C) as (B), struck out ‘‘subparagraphs (A) and (B)’’ after ‘‘for purposes of’’, and struck out former subpar. (B) which read as follows: ‘‘Subsection (a) of this section shall not apply to State laws in a State for actions commenced on or after October 14, 1989, if the State by legislation elects such treatment.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–177 effective Nov. 14, 1986, see section 402(d) of Pub. L. 100–177, as renumbered and amended, set out as a not

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

42 U.S.C. § 1981 — Equal rights under the law

Page 5232 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1981 Sec. 2000d–7. Civil rights remedies equalization. SUBCHAPTER VI—EQUAL EMPLOYMENT OPPORTUNITIES 2000e. Definitions. 2000e–1. Exemption. 2000e–2. Unlawful employment practices. 2000e–3. Other unlawful employment practices. 2000e–4. Equal Employment Opportunity Com- mission. 2000e–5. Enforcement provisions. 2000e–6. Civil actions by the Attorney General. 2000e–7. Effect on State laws. 2000e–8. Investigations. 2000e–9. Conduct of hearings and investigations pursuant to section 161 of title 29. 2000e–10. Posting of notices; penalties. 2000e–11. Veterans’ special rights or preference. 2000e–12. Regulations; conformity of regulations with administrative procedure provi- sions; reliance on interpretations and instructions of Commission. 2000e–13. Application to personnel of Commission of sections 111 and 1114 of title 18; pun- ishment for violation of section 1114 of title 18. 2000e–14. Equal Employment Opportunity Coordi- nating Council; establishment; com- position; duties; report to President and Congress. 2000e–15. Presidential conferences; acquaintance of leadership with provisions for em- ployment rights and obligations; plans for fair administration; membership. 2000e–16. Employment by Federal Government. 2000e–16a. Short title; purpose; definition. 2000e–16b. Discriminatory practices prohibited. 2000e–16c. Coverage of previously exempt State em- ployees. 2000e–17. Procedure for denial, withholding, termi- nation, or suspension of Government contract subsequent to acceptance by Government of affirmative action plan of employer; time of acceptance of plan. SUBCHAPTER VII—REGISTRATION AND VOTING STATISTICS 2000f. Survey for compilation of registration and

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

42 U.S.C. § 2000e — Definitions

Page 5261 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2000e part of the Civil Rights Act of 1964, title VI of which comprises this subchapter. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Secretary of Education’’ substituted for ‘‘Depart- ment of Health, Education, and Welfare’’ in subsec. (d) pursuant to sections 301 and 507 of Pub. L. 96–88, which are classified to sections 3441 and 3507 of Title 20, Edu- cation, and which transferred functions and offices (re- lating to education) of Department and Secretary of Health, Education, and Welfare to Secretary of Edu- cation. § 2000d–7. Civil rights remedies equalization (a) General provision (1) A State shall not be immune under the Eleventh Amendment of the Constitution of the United States from suit in Federal court for a violation of section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], or the provisions of any other Federal statute prohibiting discrimination by recipients of Federal financial assistance. (2) In a suit against a State for a violation of a statute referred to in paragraph (1), remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in the suit against any public or pri- vate entity other than a State. (b) Effective date The provisions of subsection (a) shall take ef- fect with respect to violations that occur in whole or in part after October 21, 1986. (Pub. L. 99–506, title X, § 1003, Oct. 21, 1986, 100 Stat. 1845.) Editorial Notes REFERENCES IN

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