
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: 42USC11137]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
   CHAPTER 117--ENCOURAGING GOOD FAITH PROFESSIONAL REVIEW ACTIVITIES
 
                 SUBCHAPTER II--REPORTING OF INFORMATION
 
Sec. 11137. Miscellaneous provisions


(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) 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 (as specified in regulations by the 
    Secretary), or in accordance with regulations of the Secretary 
    promulgated pursuant to subsection (a) of this section. 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), 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 are imposed and collected under that section.

                       (3) Use of information

        Subject to paragraph (1), information provided under section 
    11135 of this title and subsection (a) of this section 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. 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) 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) shall be held liable in any civil action with 
respect to any report made under this subchapter (including information 
provided under subsection (a) of this section \1\ without knowledge of 
the falsity of the information contained in the report.
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    \1\ So in original. Probably should be followed by a closing 
parenthesis.
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(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.

(Pub. L. 99-660, title IV, Sec. 427, Nov. 14, 1986, 100 Stat. 3791; Pub. 
L. 100-177, title IV, Sec. 402(a), (b), Dec. 1, 1987, 101 Stat. 1007.)


                               Amendments

    1987--Subsec. (b)(1). Pub. L. 100-177, Sec. 402(a)(1), substituted 
``as necessary to carry out subsections (b) and (c) of section 11135 of 
this title (as specified in regulations by the Secretary)'' for ``with 
respect to medical malpractice actions'' and inserted at end 
``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), on application by any person, shall 
prepare such information in such form and shall disclose such 
information in such form.''
    Subsec. (b)(4). Pub. L. 100-177, Sec. 402(b), added par. (4).
    Subsec. (c). Pub. L. 100-177, Sec. 402(a)(2), inserted ``(including 
the agency designated under section 11134(b) of this title)'' after 
``entity'' and ``(including information provided under subsection (a) of 
this section'' after ``subchapter''.


                    Effective Date of 1987 Amendment

    Section 402(d), formerly section 402(c), of Pub. L. 100-177, as 
renumbered and amended by Pub. L. 101-239, title VI, Sec. 6103(e)(6), 
Dec. 19, 1989, 103 Stat. 2208, provided that:
    ``(1) In general.--The amendments made by subsections (a) and (c) 
[amending this section and sections 1111 and 1115 of this title] shall 
become effective on November 14, 1986.
    ``(2) Fees.--The amendment made by subsection (b) [amending this 
section] shall become effective on the date of enactment of this Act 
[Dec. 1, 1987].''

                  Section Referred to in Other Sections

    This section is referred to in section 1396r-2 of this title.
