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Title 42 — The Public Health and Welfare

Chapter 117 — Encouraging Good Faith Professional Review Activities

§ 11101. Findings

Statutory text

The Congress finds the following:

(1)

The increasing occurrence of medical malpractice and the need to improve the quality of medical care have become nationwide problems that warrant greater efforts than those that can be undertaken by any individual State.

(2)

There is a national need to restrict the ability of incompetent physicians to move from State to State without disclosure or discovery 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 liability under Federal laws, including treble damage liability under Federal antitrust law, unreasonably discourages physicians from participating in effective professional peer review.

(5)

There is an overriding national need to provide incentive and protection for physicians engaging in effective professional peer review.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Health Care Quality Improvement Act of 1986

    Pub. L. 99–660 title IV § 402 · 100 Stat. 3743

    Enacted · 42 U.S.C. § 11101

    (Pub. L. 99–660, title IV, § 402, Nov. 14, 1986, 100 Stat. 3784.)

    Source evidence

    Code source credit
    (Pub. L. 99–660, title IV, § 402, Nov. 14, 1986, 100 Stat. 3784.)

    Enacted provision · exact public law section
    SEC. 402. FINDINGS. The Congress finds the following: (1) The increasing occurrence of medical malpractice and the need to improve the quality of medical care have become nationwide problems that warrant greater efforts than those that can be undertaken by any individual State. (2) There is a national need to restrict the ability of incompetent physicians to move from State to State without disclosure or discovery 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 liability under Federal laws, including treble damage liability under Federal antitrust law, unreasonably discourages physicians from participating in effective professional peer review. (5) There is an overriding national need to provide incentive and protection for physicians engaging in effective professional peer review.

1 of 1 references resolved to an enrolled provision

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 99–660, title IV, § 401, , 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 Improvement Act of 1986’.”

Credits

(Pub. L. 99–660, title IV, § 402, , 100 Stat. 3784.)

Parsed from the official OLRC USLM XML in data/usc_all/usc42.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t42/s11101