§ 11115. Construction

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 § 415 · 100 Stat. 3743

   Enacted · 42 U.S.C. § 11115

   Pub. L. 99–660, title IV, § 415, Nov. 14, 1986, 100 Stat. 3787

   Source evidence

   Code source credit
   Pub. L. 99–660, title IV, § 415, Nov. 14, 1986, 100 Stat. 3787

   Enacted provision · exact public law section
   SEC. 415. CONSTRUCTION. (a) In General.— Except as specifically provided in this part, nothing in this part shall be construed as changing the liabilities or immunities under law. (b) Physicians.Nurses. Scope of Clinical Privileges.— Nothing in this part shall be construed as requiring health care entities to provide clinical privileges to any or all classes or types of physicians or other licensed health care practitioners. (c) State and local governments. Treatment of Nurses and Other Practitioners.— Nothing in this part shall be construed as affecting, or modifying any provision of Federal or State law, with respect to activities of professional review bodies regarding nurses, other licensed health care practitioners, or other health professionals who are not physicians. (d) State and local governments.Physicians.Hospitals. Treatment of Patient Malpractice Claims.— Nothing in this title shall be construed as affecting in any manner the rights and remedies afforded patients under any provision of Federal or State law to seek redress for any harm or injury suffered as a result of negligent treatment or care by any physician, health care practitioner, or health care entity, or as limiting any defenses or immunities available to any physician, health care practitioner, or health care entity.

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. § 11115(a)

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

   Source evidence

   Code amendment note
   Subsec. (a). 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. § 11115(a)

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

   2. Inserted · 42 U.S.C. § 11115(a)

      Pub. L. 100–177, § 402(c), as inserted before period at end “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 subchapter”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–177, § 402(c), as added by Pub. L. 101–239, inserted before period at end “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 subchapter”.

   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.

4 of 4 references resolved to an enrolled provision