42 U.S.C. § 11111 — Professional review
submitted 40 years ago by Pub. L. 99-660 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 552 words · no verdicts yet
This section protects qualifying professional-review bodies and participants from damages claims, and protects people who provide truthful information to those bodies. The protection can be lost for an entity that substantially fails to report required information.
(a)(1) If a professional review action* by a professional review body* meets every standard in section 11112(a), the following people and organizations are not liable for damages under United States or State* law for that action, except as provided in subsection (b):
(A) the professional review body;
(B) a person serving as the body’s member or staff;
(C) a person working under the body’s contract or other formal agreement; and
(D) a person who participates with or assists the body concerning the action.
This protection does not apply to damages claims under civil-rights laws, including the Civil Rights Act of 1964 and the Civil Rights Acts cited in the section. This paragraph does not prevent the United States or a State Attorney General from bringing an otherwise authorized action, including an action under section 15c of title 15.
(a)(2) A person who provides information to a professional review body about a physician’s competence or professional conduct is not liable for damages merely because the person provided it, unless the information was false and the provider knew it was false.
(b) If the Secretary* has reason to believe that a health care entity* failed to report information required by section 11133(a), the Secretary must investigate. After notice, an opportunity to correct the failure, and a hearing opportunity, if the Secretary finds a substantial failure, the Secretary must publish the entity’s name in the Federal Register. The subsection (a)(1) protections do not apply to that entity’s professional review actions begun during the 3-year period starting 30 days after publication.
(c)(1) Except as provided in paragraph (2), subsection (a) applies to State laws only for professional review actions begun on or after October 14, 1989.
(c)(2)(A) Subsection (a) applies to earlier actions if a State chooses that treatment* by legislation.
(c)(2)(B) That choice is not effective for actions begun before the State law’s effective date, and the effective date cannot be earlier than the law’s enactment date.
If a professional review action* (as defined in section 11151(9) of this title) of a professional review body* meets all the standards specified in section 11112(a) of this title, except as provided in subsection (b)—
the professional review body,
any person acting as a member or staff to the body,
any person under a contract or other formal agreement with the body, and
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 15c of title 15, where such an action is otherwise authorized.
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.
If the Secretary* has reason to believe that a health care entity* has failed to report information in accordance with section 11133(a) of this title, the Secretary shall conduct an investigation. If, 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 11133(a) of this title, 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.
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.
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.
An election under State law is not effective, for purposes of,1 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.
Source credit: (Pub. L. 99–660, title IV, § 411, Nov. 14, 1986, 100 Stat. 3784; Pub. L. 100–177, title IV, § 402(c), as added Pub. L. 101–239, title VI, § 6103(e)(6)(A), Dec. 19, 1989, 103 Stat. 2208.)
- 1986Enacted · Pub. L. 99-660 · 100 Stat. 3784
- 1989Amended · Pub. L. 100-177 · 103 Stat. 2208
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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