42 U.S.C. § 11131 — Requiring reports on medical mal-

Page 8116 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11113 (D) upon completion of the hearing, the physician involved has the right— (i) to receive the written recommenda- tion of the arbitrator, officer, or panel, in- cluding a statement of the basis for the recommendations, and (ii) to receive a written decision of the health care entity, including a statement of the basis for the decision. A professional review body’s failure to meet the conditions described in this subsection shall not, in itself, constitute failure to meet the stand- ards of subsection (a)(3). (c) Adequate procedures in investigations or health emergencies For purposes of section 11111(a) of this title, nothing in this section shall be construed as— (1) requiring the procedures referred to in subsection (a)(3)— (A) where there is no adverse professional review action taken, or (B) in the case of a suspension or restric- tion of clinical privileges, for a period of not longer than 14 days, during which an inves- tigation is being conducted to determine the need for a professional review action; or (2) precluding an immediate suspension or restriction of clinical privileges, subject to subsequent notice and hearing or other ade- quate procedures, where the failure to take such an action may result in an imminent danger to the health of any individual. (Pub. L. 99–660, title IV, § 412, Nov. 14, 1986, 100 Stat. 3785.) § 11113. Payment of reasonable attorneys’ fees and costs in defense of suit In any suit brought against a defendant, to the extent that a defendant has met the standards set forth under section 11112(a) of this title and the defendant substantially prevails, the court shall, at the conclusion of the action, award to a substantially prevailing party defending against any such claim the cost of the suit at- tributable to such claim, including a reasonable attorney’s fee, if the claim, or the claimant’s conduct during the litigation of the claim, was frivolous, unreasonable, without foundation, or in bad faith. For the purposes of this section, a defendant shall not be considered to have sub- stantially prevailed when the plaintiff obtains an award for damages or permanent injunctive or declaratory relief. (Pub. L. 99–660, title IV, § 413, Nov. 14, 1986, 100 Stat. 3787.) § 11114. Guidelines of Secretary The Secretary may establish, after notice and opportunity for comment, such voluntary guide- lines as may assist the professional review bod- ies in meeting the standards described in section 11112(a) of this title. (Pub. L. 99–660, title IV, § 414, Nov. 14, 1986, 100 Stat. 3787.) § 11115. Construction (a) In general Except as specifically provided in this sub- chapter, nothing in this subchapter shall be con- strued as changing the liabilities or immunities under law or as preempting or overriding any State law which provides incentives, immuni- ties, or protection for those engaged in a profes- sional 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 clin- ical privileges to any or all classes or types of physicians or other licensed health care practi- tioners. (c) Treatment of nurses and other practitioners Nothing in this subchapter shall be construed as affecting, or modifying any provision of Fed- eral 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 physi- cians. (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 in- jury suffered as a result of negligent treatment or care by any physician, health care practi- tioner, or health care entity, or as limiting any defenses or immunities available to any physi- cian, health care practitioner, or health care en- tity. (Pub. L. 99–660, title IV, § 415, Nov. 14, 1986, 100 Stat. 3787; 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 AMENDMENTS 1989—Subsec. (a). Pub. L. 101–239 added Pub. L. 100–177, § 402(c), see 1987 Amendment note below. 1987—Subsec. (a). Pub. L. 100–177, § 402(c), as added by Pub. L. 101–239, inserted before period at end ‘‘or as pre- empting or overriding any State law which provides in- centives, immunities, or protection for those engaged in a professional review action that is in addition to or greater than that provided by this subchapter’’. 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 note under section 11137 of this title. SUBCHAPTER II—REPORTING OF INFORMATION § 11131. Requiring reports on medical mal- practice payments (a) In general Each entity (including an insurance company) which makes payment under a policy of insur- ance, self-insurance, or otherwise in settlement (or partial settlement) of, or in satisfaction of a judgment in, a medical malpractice action or claim shall report, in accordance with section 11134 of this title, information respecting the payment and circumstances thereof. Page 8117 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11133 (b) Information to be reported The information to be reported under sub- section (a) includes— (1) the name of any physician or licensed health care practitioner for whose benefit the payment is made, (2) the amount of the payment, (3) the name (if known) of any hospital with which the physician or practitioner is affili- ated or associated, (4) a description of the acts or omissions and injuries or illnesses upon which the action or claim was based, and (5) such other information as the Secretary determines is required for appropriate inter- pretation of information reported under this section. (c) Sanctions for failure to report Any entity that fails to report information on a payment required to be reported under this section shall be subject to a civil money penalty of not more than $10,000 for each such payment involved. 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. (d) Report on treatment of small payments The Secretary shall study and report to Con- gress, not later than two years after November 14, 1986, on whether information respecting small payments should continue to be required to be reported under subsection (a) and whether information respecting all claims made con- cerning a medical malpractice action should be required to be reported under such subsection. (Pub. L. 99–660, title IV, § 421, Nov. 14, 1986, 100 Stat. 3788.) § 11132. Reporting of sanctions taken by Boards of Medical Examiners (a) In general (1) Actions subject to reporting Each Board of Medical Examiners— (A) which revokes or suspends (or other- wise restricts) a physician’s license or cen- sures, reprimands, or places on probation a physician, for reasons relating to the physi- cian’s professional competence or profes- sional conduct, or (B) to which a physician’s license is sur- rendered, shall report, in accordance with section 11134 of this title, the information described in paragraph (2). (2) Information to be reported The information to be reported under para- graph (1) is— (A) the name of the physician involved, (B) a description of the acts or omissions or other reasons (if known) for the revoca- tion, suspension, or surrender of license, and (C) such other information respecting the circumstances of the action or surrender as the Secretary deems appropriate. (b) Failure to report If, after notice of noncompliance and pro- viding opportunity to correct noncompliance, the Secretary determines that a Board of Med- ical Examiners has failed to report information in accordance with subsection (a), the Secretary shall designate another qualified entity for the reporting of information under section 11133 of this title. (Pub. L. 99–660, title IV, § 422, Nov. 14, 1986, 100 Stat. 3789.) § 11133. Reporting of certain professional review actions taken by health care entities (a) Reporting by health care entities (1) On physicians Each health care entity which— (A) takes a professional review action that adversely affects the clinical privileges of a physician for a period longer than 30 days; (B) accepts the surrender of clinical privi- leges of a physician— (i) while the physician is under an inves- tigation by the entity relating to possible incompetence or improper professional conduct, or (ii) in return for not conducting such an investigation or proceeding; or (C) in the case of such an entity which is a professional society, takes a professional review action which adversely affects the membership of a physician in the society, shall report to the Board of Medical Exam- iners, in accordance with section 11134(a) of this title, the information described in para- graph (3). (2) Permissive reporting on other licensed health care practitioners A health care entity may report to the Board of Medical Examiners, in accordance with section 11134(a) of this title, the informa- tion described in paragraph (3) in the case of a licensed health care practitioner who is not a physician, if the entity would be required to report such information under paragraph (1) with respect to the practitioner if the practi- tioner were a physician. (3) Information to be reported The information to be reported under this subsection is— (A) the name of the physician or practi- tioner involved, (B) a description of the acts or omissions or other reasons for the action or, if known, for the surrender, and (C) such other information respecting the circumstances of the action or surrender as the Secretary deems appropriate. (b) Reporting by Board of Medical Examiners Each Board of Medical Examiners shall report, in accordance with section 11134 of this title, the information reported to it under subsection (a) and known instances of a health care entity’s failure to report information under subsection (a)(1). (c) Sanctions (1) Health care entities A health care entity that fails substantially to meet the requirement of subsection (a)(1)