§ 11137. Miscellaneous provisions

Footnotes

1. 1 So in original. Probably should be followed by another closing parenthesis.

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 § 427 · 100 Stat. 3743

   Enacted · 42 U.S.C. § 11137

   Pub. L. 99–660, title IV, § 427, Nov. 14, 1986, 100 Stat. 3791

   Source evidence

   Code source credit
   Pub. L. 99–660, title IV, § 427, Nov. 14, 1986, 100 Stat. 3791

   Enacted provision · exact public law section
   SEC. 427. MISCELLANEOUS PROVISIONS. (a) Providing Licensing Boards and Other Health Care Entities With Access to Information.— The Secretary (or the agency designated under section 424(b)) shall, upon request, provide information reported under this part with respect to a physician or other licensed health care practitioner to State licensing boards, to hospitals, and to other health care entities (including health maintenance organizations) that have entered (or may be entering) into an employment or affiliation relationship with the physician or practitioner or to which the physician or practitioner has applied for clinical privileges or appointment to the medical staff. (b) Confidentiality of Information.— (1) In general.— Information reported under this part is considered confidential and shall not be disclosed (other than to the physician or practitioner involved) except with respect to professional review activity, with respect to medical malpractice actions, or in accordance with regulations of the Secretary promulgated pursuant to subsection (a). Nothing in this subsection shall prevent the disclosure of such information by a party which is otherwise authorized, under applicable State law, to make such disclosure. (2) Penalty for violations.— Any person who violates paragraph (1) shall be subject to a civil money penalty of not more than $10,000 for each such violation involved. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1128A of the 42 USC 1320a–7a. Social Security Act are imposed and collected under that section. (3) Use of information.— Subject to paragraph (1), information provided under section 425 and subsection (a) is intended to be used solely with respect to activities in the furtherance of the quality of health care. (c) Relief From Liability for Reporting.— No person or entity shall be held liable in any civil action with respect to any report made under this part without knowledge of the falsity of the information contained in the report. (d) Interpretation of Information.— In interpreting information reported under this part, a payment in settlement of a medical malpractice action or claim shall not be construed as creating a presumption that medical malpractice has occurred.

2. 1987

   Pub. L. 100–177 § 402(a)(1) · 101 Stat. 986

   1. Substituted · 42 U.S.C. § 11137(b)(1)

      Pub. L. 100–177, § 402(a)(1), substituted “as necessary to carry out subsections (b) and (c) of section 11135 of this title (as specified in regulations by the Secretary)” for “with respect to medical malpractice actions”

   2. Inserted · 42 U.S.C. § 11137(b)(1)

      Pub. L. 100–177, § 402(a)(1), inserted at end “Information reported under this subchapter that is in a form that does not permit the identification of any particular health care entity, physician, other health care practitioner, or patient shall not be considered confidential. The Secretary (or the agency designated under section 11134(b) of this title), on application by any person, shall prepare such information in such form and shall disclose such information in such form.”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 100–177, § 402(a)(1), substituted “as necessary to carry out subsections (b) and (c) of section 11135 of this title (as specified in regulations by the Secretary)” for “with respect to medical malpractice actions” and inserted at end “Information reported under this subchapter that is in a form that does not permit the identification of any particular health care entity, physician, other health care practitioner, or patient shall not be considered confidential. The Secretary (or the agency designated under section 11134(b) of this title), on application by any person, shall prepare such information in such form and shall disclose such information in such form.”

   Enacted provision · exact public law section
   (1) in subsection (b)(1)— (A) by striking out “with respect to medical malpractice actions” and inserting in lieu thereof “as necessary to carry out subsections (b) and (c) of section 425 (as specified in regulations by the Secretary)”; and (B) by adding at the end thereof the following new sentences: “Information reported under this part that is in a form that does not permit the identification of any particular health care entity, physician, other health care practitioner, or patient shall not be considered confidential. The Secretary (or the agency designated under section 424(b)), on application by any person, shall prepare such information in such form end shall disclose such information in such form.”; and

   Effective date note
   Pub. L. 100–177, title IV, § 402(d), formerly § 402(c), Dec. 1, 1987, 101 Stat. 1007, as renumbered and amended by Pub. L. 101–239, title VI, § 6103(e)(6), Dec. 19, 1989, 103 Stat. 2208, provided that:

3. 1987

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

   Added · 42 U.S.C. § 11137(b)(4)

   Pub. L. 100–177, § 402(b), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 100–177, § 402(b), added par. (4).

   Enacted provision · exact public law section
   (b) Fees.— Section 427(b) of such Act is amended by adding at the end thereof the following new paragraph: “(4) Fees.— The Secretary may establish or approve reasonable fees for the disclosure of information under this section or section 426. The amount of such a fee may not exceed the costs of processing the requests for disclosure and of providing such information. Such fees shall be available to the Secretary (or, in the Secretary’s discretion, to the agency designated under section 424(b)) to cover such costs.”.

   Effective date note
   Pub. L. 100–177, title IV, § 402(d), formerly § 402(c), Dec. 1, 1987, 101 Stat. 1007, as renumbered and amended by Pub. L. 101–239, title VI, § 6103(e)(6), Dec. 19, 1989, 103 Stat. 2208, provided that:

4. 1987

   Pub. L. 100–177 § 402(a)(2) · 101 Stat. 986

   Inserted · 42 U.S.C. § 11137(c)

   Pub. L. 100–177, § 402(a)(2), inserted “(including the agency designated under section 11134(b) of this title)” after “entity” and “(including information provided under subsection (a)” after “subchapter”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 100–177, § 402(a)(2), inserted “(including the agency designated under section 11134(b) of this title)” after “entity” and “(including information provided under subsection (a)” after “subchapter”.

   Enacted provision · exact public law section
   (2) in subsection (c)— (A) by inserting “(including the agency designated under section 424(b))” after “person or entity”; end (B) by inserting “(including information provided under subsection (a)” after “part”.

   Effective date note
   Pub. L. 100–177, title IV, § 402(d), formerly § 402(c), Dec. 1, 1987, 101 Stat. 1007, as renumbered and amended by Pub. L. 101–239, title VI, § 6103(e)(6), Dec. 19, 1989, 103 Stat. 2208, provided that:

5 of 5 references resolved to an enrolled provision