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42 U.S.C. § 11151 — Miscellaneous provisions

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

42 U.S.C. § 11151 — Miscellaneous provisions

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11151

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Stable record: federal_law:legal_authorities:record_usc_cb8da6b95ca20110a15a4737
Source file: Laws/federal/codes/united-states-code/title-42/section-11151-miscellaneous-provisions--25d6386001.md
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Source location: Title 42, Chapter 117, § 11151; chapter-117-encouraging-good-faith-professional-review-activities.md

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**(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 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 application by any person, shall prepare such information in such form and shall disclose such information in such form. (2) **Penalty for violations** — Any person who violates paragraph (1) shall be subject to a civil money penalty of not more than $10,000 for each such violation involved. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of [section 1320a–7a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320a-7a&num=0&edition=prelim) are imposed and collected under that section. (3) **Use of information** — Subject to paragraph (1), information provided under [section 11135 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11135&num=0&edition=prelim) and subsection (a) is intended to be used solely with respect to activities in the furtherance of the quality of health care. (4) **Fees** — The Secretary may establish or approve reasonable fees for the disclosure of information under this section or [section 11136 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11136&num=0&edition=prelim). The amount of such a fee may not exceed the costs of processing the requests for disclosure and of providing such information. Such fees shall be available to the Secretary (or, in the Secretary’s discretion, to 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)) to cover such costs. **(c) Relief from liability for reporting** No person or entity (including 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 be held liable in any civil action with respect to any report made under this subchapter (including information provided under subsection (a) 11 So in original. Probably should be followed by another closing parenthesis. without knowledge of the falsity of the information contained in the report. **(d) Interpretation of information** In interpreting information reported under this subchapter, a payment in settlement of a medical malpractice action or claim shall not be construed as creating a presumption that medical malpractice has occurred.

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

42 U.S.C. § 11136 — Duty of hospitals to obtain information

**(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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11136

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

42 U.S.C. § 11135 — 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 arrangements with the Secretary with respect to receipt, storage, protection of confidentiality, and dissemination of the information under this subchapter. **(c) Reporting to State licensing boards** (1) **Malpractice payments** — Information required to be reported under [section 11131 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11131&num=0&edition=prelim) shall also be reported to the appropriate State licensing board (or boards) in the State in which the medical malpractice claim arose. (2) **Reporting to other licensing boards** — Information required to be reported under [section 11133(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11133/b&num=0&edition=prelim) shall also be reported to the appropriate State licensing board in the State in which the health care entity is located if it is not otherwise reported to such board under subsection (b).

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11135

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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. § 11151 — Definitions

Page 8119 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11151 1 So in original. Probably should be followed by another closing parenthesis. (b) Confidentiality of information (1) In general Information reported under this subchapter is considered confidential and shall not be dis- closed (other than to the physician or practi- tioner involved) except with respect to profes- sional review activity, as necessary to carry out subsections (b) and (c) of section 11135 of this title (as specified in regulations by the Secretary), or in accordance with regulations of the Secretary promulgated pursuant to sub- section (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 en- tity, physician, other health care practitioner, or patient shall not be considered confidential. The Secretary (or the agency designated under section 11134(b) of this title), on application by any person, shall prepare such information in such form and shall disclose such information in such form. (2) Penalty for violations Any person who violates paragraph (1) shall be subject to a civil money penalty of not more than $10,000 for each such violation in- volved. Such penalty shall be imposed and col- lected in the same manner as civil money pen- alties under subsection (a) of section 1320a–7a of this title are imposed and collected under that section. (3) Use of information Subject to paragraph (1), information pro- vided under section 11135 of this title and sub- section (a) is intended to be used solely with respect to activities

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11151

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