Title 42 — The Public Health and Welfare
Chapter 117 — Encouraging Good Faith Professional Review Activities
§ 11135. Duty of hospitals to obtain information
Statutory text
In general
It is the duty of each hospital to request from the Secretary (or the agency designated under section 11134(b) of this title), on and after the date information is first required to be reported under section 11134(a) of this title)— 1
at the time a physician or licensed health care practitioner applies to be on the medical staff (courtesy or otherwise) of, or for clinical privileges at, the hospital, information reported under this subchapter concerning the physician or practitioner, and
once every 2 years information reported under this subchapter concerning any physician or such practitioner who is on the medical staff (courtesy or otherwise) of, or has been granted clinical privileges at, the hospital.
A hospital may request such information at other times.
Failure to obtain information
With respect to a medical malpractice action, a hospital which does not request information respecting a physician or practitioner as required under subsection (a) is presumed to have knowledge of any information reported under this subchapter to the Secretary with respect to the physician or practitioner.
Reliance on information provided
Each hospital may rely upon information provided to the hospital under this chapter and shall not be held liable for such reliance in the absence of the hospital’s knowledge that the information provided was false.
Footnotes
- 1 So in original. The closing parenthesis probably should not appear.
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.
Health Care Quality Improvement Act of 1986
Pub. L. 99–660 title IV § 425 · 100 Stat. 3743
Enacted · 42 U.S.C. § 11135
(Pub. L. 99–660, title IV, § 425, Nov. 14, 1986, 100 Stat. 3790.)
Source evidence
Code source credit
(Pub. L. 99–660, title IV, § 425, Nov. 14, 1986, 100 Stat. 3790.)Enacted provision · exact public law section
SEC. 425. DUTY OF HOSPITALS TO OBTAIN INFORMATION. (a) In General.— It is the duty of each hospital to request from the Secretary (or the agency designated under section 424(b)), on and after the date information is first required to be reported under section 424(a))— (1) at the time a physician or licensed health care practitioner applies to be on the medical staff (courtesy or otherwise) of, or for clinical privileges at, the hospital, information reported under this part concerning the physician or practitioner, and (2) once every 2 years information reported under this part concerning any physician or such practitioner who is on the medical staff (courtesy or otherwise) of, or has been granted clinical privileges at, the hospital. A hospital may request such information at other times. (b) Failure to Obtain Information.— With respect to a medical malpractice action, a hospital which does not request information respecting a physician or practitioner as required under subsection (a) is presumed to have knowledge of any information reported under this part to the Secretary with respect to the physician or practitioner. (c) Reliance on Information Provided.— Each hospital may rely upon information provided to the hospital under this title and shall not be held liable for such reliance in the absence of the hospital’s knowledge that the information provided was false.
1 of 1 references resolved to an enrolled provision