
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC11111]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
   CHAPTER 117--ENCOURAGING GOOD FAITH PROFESSIONAL REVIEW ACTIVITIES
 
        SUBCHAPTER I--PROMOTION OF PROFESSIONAL REVIEW ACTIVITIES
 
Sec. 11111. 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) of a professional review body meets all the standards 
    specified in section 11112(a) of this title, except as provided in 
    subsection (b) of this section--
            (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, et seq. and the Civil Rights Acts, 42 U.S.C. 1981, 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, 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, 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, the Secretary shall publish the 
name of the entity in the Federal Register. The protections of 
subsection (a)(1) of this section 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) of this 
    section 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) of this section 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,\1\ 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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    \1\ So in original. Probably should be ``for purposes of 
subparagraph (A),''.
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(Pub. L. 99-660, title IV, Sec. 411, Nov. 14, 1986, 100 Stat. 3784; Pub. 
L. 100-177, title IV, Sec. 402(c), as added Pub. L. 101-239, title VI, 
Sec. 6103(e)(6)(A), Dec. 19, 1989, 103 Stat. 2208.)

                       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, as amended, which is classified 
principally to subchapters II to IX (Sec. 2000a et seq.) of chapter 21 
of this title. Title VII of this Act relates to equal employment 
opportunities, and is classified generally to subchapter VI (Sec. 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 (Sec. 1981 et seq.) of this title.


                               Amendments

    1989--Subsec. (c)(2)(B), (C). Pub. L. 101-239 added Pub. L. 100-177, 
Sec. 402(c), see 1987 Amendment note below.
    1987--Subsec. (c)(2)(B), (C). Pub. L. 100-177, Sec. 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.''


                    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.


                             Effective Date

    Section 416 of Pub. L. 99-660 provided that: ``This part [part A 
(Secs. 411-416) of title IV of Pub. L. 99-660, enacting this subchapter] 
shall apply to professional review actions commenced on or after the 
date of the enactment of this Act [Nov. 14, 1986].''

                  Section Referred to in Other Sections

    This section is referred to in sections 11112, 11133 of this title.
