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

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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Source file: Laws/federal/codes/united-states-code/title-42/section-11137-disclosure-and-correction-of-information--39bc95a576.md
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Source location: Title 42, Chapter 117, § 11137; chapter-117-encouraging-good-faith-professional-review-activities.md

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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. § 11112 — Professional review

**(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 b

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11112

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

42 U.S.C. § 11131 — Construction

**(a) In general** Except as specifically provided in this subchapter, nothing in this subchapter shall be construed as changing the liabilities or immunities under law or as preempting or overriding any State law which provides incentives, immunities, or protection for those engaged in a professional review action that is in addition to or greater than that provided by this subchapter. **(b) Scope of clinical privileges** Nothing in this subchapter shall be construed as requiring health care entities to provide clinical privileges to any or all classes or types of physicians or other licensed health care practitioners. **(c) Treatment of nurses and other practitioners** Nothing in this subchapter shall be construed as affecting, or modifying any provision of Federal or State law, with respect to activities of professional review bodies regarding nurses, other licensed health care practitioners, or other health professionals who are not physicians. **(d) Treatment of patient malpractice claims** Nothing in this chapter shall be construed as affecting in any manner the rights and remedies afforded patients under any provision of Federal or State law to seek redress for any harm or injury suffered as a result of negligent treatment or care by any physician, health care practitioner, or health care entity, or as limiting any defenses or immunities available to any physician, health care practitioner, or health care entity.

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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. § 11137 — Miscellaneous provisions

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

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