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42 U.S.C. § 11101 — Findings
Federal law — U.S. Code and appendices · legal_authorities
Page 8114
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 11101
1 So in original. Probably should be ‘‘for purposes of subpara-
graph (A),’’.
Sec.
11115.
Construction.
SUBCHAPTER II—REPORTING OF INFORMATION
11131.
Requiring reports on medical malpractice
payments.
11132.
Reporting of sanctions taken by Boards of
Medical Examiners.
11133.
Reporting of certain professional review ac-
tions taken by health care entities.
11134.
Form of reporting.
11135.
Duty of hospitals to obtain information.
11136.
Disclosure and correction of information.
11137.
Miscellaneous provisions.
SUBCHAPTER III—DEFINITIONS AND REPORTS
11151.
Definitions.
11152.
Reports and memoranda of understanding.
§ 11101. Findings
The Congress finds the following:
(1) The increasing occurrence of medical
malpractice and the need to improve the qual-
ity of medical care have become nationwide
problems that warrant greater efforts than
those that can be undertaken by any indi-
vidual State.
(2) There is a national need to restrict the
ability of incompetent physicians to move
from State to State without disclosure or dis-
covery of the physician’s previous damaging
or incompetent performance.
(3) This nationwide problem can be remedied
through effective professional peer review.
(4) The threat of private money damage li-
ability under Federal laws, including treble
damage liability under Federal antitrust law,
unreasonably discourages physicians from par-
ticipating in effective professional peer re-
view.
(5) There is an overriding national need to
provide incentive and protection for physi-
cians engaging in effective professional peer
review.
(Pub. L. 99–660, title IV, § 402, Nov. 14, 1986, 100
Stat. 3784.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L.
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11101
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Page 8114
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 11101
1 So in original. Probably should be ‘‘for purposes of subpara-
graph (A),’’.
Sec.
11115.
Construction.
SUBCHAPTER II—REPORTING OF INFORMATION
11131.
Requiring reports on medical malpractice
payments.
11132.
Reporting of sanctions taken by Boards of
Medical Examiners.
11133.
Reporting of certain professional review ac-
tions taken by health care entities.
11134.
Form of reporting.
11135.
Duty of hospitals to obtain information.
11136.
Disclosure and correction of information.
11137.
Miscellaneous provisions.
SUBCHAPTER III—DEFINITIONS AND REPORTS
11151.
Definitions.
11152.
Reports and memoranda of understanding.
§ 11101. Findings
The Congress finds the following:
(1) The increasing occurrence of medical
malpractice and the need to improve the qual-
ity of medical care have become nationwide
problems that warrant greater efforts than
those that can be undertaken by any indi-
vidual State.
(2) There is a national need to restrict the
ability of incompetent physicians to move
from State to State without disclosure or dis-
covery of the physician’s previous damaging
or incompetent performance.
(3) This nationwide problem can be remedied
through effective professional peer review.
(4) The threat of private money damage li-
ability under Federal laws, including treble
damage liability under Federal antitrust law,
unreasonably discourages physicians from par-
ticipating in effective professional peer re-
view.
(5) There is an overriding national need to
provide incentive and protection for physi-
cians engaging in effective professional peer
review.
(Pub. L. 99–660, title IV, § 402, Nov. 14, 1986, 100
Stat. 3784.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 99–660, title IV, § 401, Nov. 14, 1986, 100 Stat.
3784, provided that: ‘‘This title [enacting this chapter
and provisions set out as a note under section 11111 of
this title] may be cited as the ‘Health Care Quality Im-
provement Act of 1986’.’’
SUBCHAPTER I—PROMOTION OF
PROFESSIONAL REVIEW ACTIVITIES
§ 11111. Professional review
(a) In general
(1) Limitation on damages for professional re-
view actions
If a professional review action (as defined in
section 11151(9) of this title) of a professional
review body meets all the standards specified
in section 11112(a) of this title, except as pro-
vided 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 as-
sists 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 polit-
ical 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, et seq. and the
Civil Rights Acts, 42 U.S.C. 1981, et seq. Noth-
ing 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, where such an ac-
tion 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 lia-
ble 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 infor-
mation was false.
(b) Exception
If the Secretary has reason to believe that a
health care entity has failed to report informa-
tion in accordance with section 11133(a) of this
title, the Secretary shall conduct an investiga-
tion. 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 accord-
ance with section 11133(a) of this title, the Sec-
retary shall publish the name of the entity in
the Federal Register. The protections of sub-
section (a)(1) shall not apply to an entity the
name of which is published in the Federal Reg-
ister under the previous sentence with respect to
professional review actions of the entity com-
menced 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), sub-
section (a) shall apply to State laws in a State
only for professional review actions com-
menced 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 Octo-
ber 14, 1989, if the State by legislation elects
such treatment.
(B) Effective date of election
An election under State law is not effec-
tive, for purposes of,1 for actions commenced
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Annual reports to Congress** The Secretary shall report to Congress, annually during the three years after November 14, 1986, on the implementation of this chapter.
**(b) Memoranda of understanding** The Secretary of Health and Human Services shall seek to enter into memoranda of understanding with the Secretary of Defense and the Administrator of Veterans’ Affairs to apply the provisions of subchapter II of this chapter to hospitals and other facilities and health care providers under the jurisdiction of the Secretary or Administrator, respectively. The Secretary shall report to Congress, not later than two years after November 14, 1986, on any such memoranda and on the cooperation among such officials in establishing such memoranda.
**(c) Memorandum of understanding with Drug Enforcement Administration** The Secretary of Health and Human Services shall seek to enter into a memorandum of understanding with the Administrator of Drug Enforcement relating to providing for the reporting by the Administrator to the Secretary of information respecting physicians and other practitioners whose registration to dispense controlled substances has been suspended or revoked under [section 824 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section824&num=0&edition=prelim). The Secretary shall report to Congress, not later than two years after November 14, 1986, on any such memorandum and on the cooperation between the Secretary and the Administrator in establishing such a memorandum.
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1981
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Federal law — U.S. Code and appendices · legal_authorities
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
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
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
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2000e
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