§ 11111. Professional review

Footnotes

1. 1 So in original. Probably should be “for purposes of subparagraph (A),”.

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. 1986

   Health Care Quality Improvement Act of 1986

   Pub. L. 99–660 title IV § 411 · 100 Stat. 3743

   Enacted · 42 U.S.C. § 11111

   Pub. L. 99–660, title IV, § 411, Nov. 14, 1986, 100 Stat. 3784

   Source evidence

   Code source credit
   Pub. L. 99–660, title IV, § 411, Nov. 14, 1986, 100 Stat. 3784

   Enacted provision · exact public law section
   SEC. 411. PROFESSIONAL REVIEW. (a) State and local governments. In General.— (1) Limitation on damages for professional review actions.— If a professional review action (as defined in section 431(9)) of a professional review body meets all the standards specified in section 412(a), except as provided 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 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 4C of the Clayton Act, 15 U.S.C. 15C, 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 423(a), the Secretary shall conduct an investigation. If, Federal Register, publication. 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 423(a), the Secretary shall publish the name of the entity in the Federal Register. The protections of subsection (a)(1) 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) 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) shall apply to State laws in a State for actions commenced before October 14, 1989, if the State by legislation elects such treatment. (B) State opt-out.— Subsection (a) 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. (C) Effective date of election.— An election under State law is not effective, for purposes of subparagraphs (A) and (B), 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.

2. 1989

   Omnibus Budget Reconciliation Act of 1989

   Pub. L. 101–239 title VI § 6103(e)(6)(A) · 103 Stat. 2106

   Added · 42 U.S.C. § 11111(c)(2)(B); 42 U.S.C. § 11111(c)(2)(C)

   Pub. L. 101–239 added Pub. L. 100–177, § 402(c), see 1987 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (c)(2)(B), (C). Pub. L. 101–239 added Pub. L. 100–177, § 402(c), see 1987 Amendment note below.

   Enacted provision · exact public law section
   (A) by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: “(c) Such Act is amended in section 411(c)(2) by striking subparagraph (B), by striking ‘subparagraphs (A) and (B)’ in subparagraph (C), and by redesignating subparagraph (C) as subparagraph (B). Such Act is amended in section 415(a) by inserting before the period at the end the following: ‘or as preempting or overriding any State law which provides incentives, immunities, or protection for those engaged in a professional review action that is in addition to or greater than that provided by this part’”; and

3. 1987

   Pub. L. 100–177 § 402(c) · 101 Stat. 986

   1. Added · 42 U.S.C. § 11111(c)(2)(B); 42 U.S.C. § 11111(c)(2)(C)

      Pub. L. 100–177, § 402(c), as added by Pub. L. 101–239

   2. Redesignated · 42 U.S.C. § 11111(c)(2)(B); 42 U.S.C. § 11111(c)(2)(C)

      Pub. L. 100–177, § 402(c), as redesignated subpar. (C) as (B)

   3. Struck · 42 U.S.C. § 11111(c)(2)(B); 42 U.S.C. § 11111(c)(2)(C)

      Pub. L. 100–177, § 402(c), as struck out “subparagraphs (A) and (B)” after “for purposes of”

   4. Struck · 42 U.S.C. § 11111(c)(2)(B); 42 U.S.C. § 11111(c)(2)(C)

      Pub. L. 100–177, § 402(c), as 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.”

   Source evidence

   Code amendment note
   Subsec. (c)(2)(B), (C). Pub. L. 100–177, § 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.”

   Enacted provision · exact public law section
   (c) Effective Dates.— (1) In general.— The amendments made by subsection (a) shall become effective on November 14, 1986. (2) Fees.— The amendment made by subsection (b) shall become effective on the date of enactment of this Act.

   Effective date note
   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.

6 of 6 references resolved to an enrolled provision