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42 U.S.C. § 11101 — Findings

submitted 40 years ago by Pub. L. 99-660 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 132 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress finds that medical malpractice and medical-care quality are nationwide concerns. It finds that incompetent physicians may move between States without disclosure of harmful performance and that peer review needs protection and incentives.

(1) Medical malpractice and the need to improve medical care are nationwide problems requiring more effort than one State can provide. (2) The Nation needs to restrict incompetent physicians’ ability to move between States without disclosure or discovery of prior harmful or incompetent performance. (3) Effective professional peer review can remedy this problem. (4) The threat of private damages under Federal laws, including treble damages under antitrust law, unreasonably discourages physicians from effective peer review. (5) The Nation needs to provide incentives and protection for physicians engaging in effective peer review.

the actual law source: uscode.house.gov ↗public domain

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.

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

history & why it existsrecord from the source credit
  • 1986Enacted · Pub. L. 99-660 · 100 Stat. 3784

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-660 on 1986-11-14.

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