
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: 42USC1320c-6]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE 
                             SIMPLIFICATION
 
 Part B--Peer Review of Utilization and Quality of Health Care Services
 
Sec. 1320c-6. Limitation on liability


(a) Providers of information to organizations having a contract with 
        Secretary

    Notwithstanding any other provision of law, no person providing 
information to any organization having a contract with the Secretary 
under this part shall be held, by reason of having provided such 
information, to have violated any criminal law, or to be civilly liable 
under any law of the United States or of any State (or political 
subdivision thereof) unless--
        (1) such information is unrelated to the performance of the 
    contract of such organization; or
        (2) such information is false and the person providing it knew, 
    or had reason to believe, that such information was false.

(b) Employees and fiduciaries of organizations having contracts with 
        Secretary

    No organization having a contract with the Secretary under this part 
and no person who is employed by, or who has a fiduciary relationship 
with, any such organization or who furnishes professional services to 
such organization, shall be held by reason of the performance of any 
duty, function, or activity required or authorized pursuant to this part 
or to a valid contract entered into under this part, to have violated 
any criminal law, or to be civilly liable under any law of the United 
States or of any State (or political subdivision thereof) provided due 
care was exercised in the performance of such duty, function, or 
activity.

(c) Physicians and providers

    No doctor of medicine or osteopathy and no provider (including 
directors, trustees, employees, or officials thereof) of health care 
services shall be civilly liable to any person under any law of the 
United States or of any State (or political subdivision thereof) on 
account of any action taken by him in compliance with or reliance upon 
professionally developed norms of care and treatment applied by an 
organization under contract pursuant to section 1320c-2 of this title 
operating in the area where such doctor of medicine or osteopathy or 
provider took such action; but only if--
        (1) he takes such action in the exercise of his profession as a 
    doctor of medicine or osteopathy or in the exercise of his functions 
    as a provider of health care services; and
        (2) he exercised due care in all professional conduct taken or 
    directed by him and reasonably related to, and resulting from, the 
    actions taken in compliance with or reliance upon such 
    professionally accepted norms of care and treatment.

(d) Reimbursement by Secretary for expenses incurred in defense of legal 
        proceedings

    The Secretary shall make payment to an organization under contract 
with him pursuant to this part, or to any member or employee thereof, or 
to any person who furnishes legal counsel or services to such 
organization, in an amount equal to the reasonable amount of the 
expenses incurred, as determined by the Secretary, in connection with 
the defense of any suit, action, or proceeding brought against such 
organization, member, or employee related to the performance of any duty 
or function under such contract by such organization, member, or 
employee.

(Aug. 14, 1935, ch. 531, title XI, Sec. 1157, as added Pub. L. 97-248, 
title I, Sec. 143, Sept. 3, 1982, 96 Stat. 389; amended Pub. L. 101-508, 
title IV, Sec. 4205(f), Nov. 5, 1990, 104 Stat. 1388-114.)


                            Prior Provisions

    A prior section 1320c-6, act Aug. 14, 1935, ch. 531, title XI, 
Sec. 1157, as added Oct. 30, 1972, Pub. L. 92-603, title II, 
Sec. 249F(b), 86 Stat. 1437; amended Oct. 25, 1977, Pub. L. 95-142, 
Sec. 13(b)(4), 91 Stat. 1198, related to submission of reports by 
Professional Standards Review Organizations, prior to the general 
revision of this part by Pub. L. 97-248.


                               Amendments

    1990--Subsec. (b). Pub. L. 101-508 inserted ``organization having a 
contract with the Secretary under this part and no'' after ``No'', 
struck out ``by him'' after ``the performance'', and substituted ``due 
care was exercised in the performance of such duty, function, or 
activity'' for ``he has exercised due care''.

                  Section Referred to in Other Sections

    This section is referred to in sections 1320a-7c, 1320c-9, 1395rr, 
1395ddd of this title.
