42 U.S.C. § 11115 — Construction
submitted 40 years ago by Pub. L. 99-660 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 221 words · no verdicts yet
This subchapter generally does not change existing liabilities, immunities, or State protections for professional review. It does not require health care entities to grant privileges or change laws about nonphysician practitioners, and it preserves patients’ malpractice remedies.
(a) Unless this subchapter specifically says otherwise, it does not change liabilities or immunities under law, or override a State* law giving people involved in professional review additional or greater incentives, immunities, or protection.
(b) Nothing here requires a health care entity* to provide clinical privileges* to any class or type of physician* or other licensed health-care practitioner*.
(c) Nothing here affects or changes Federal or State law about professional review bodies’ activities involving nurses, other licensed health-care practitioners, or other health professionals who are not physicians.
(d) Nothing here affects patients’ rights or remedies under Federal or State law to seek compensation for harm or injury from negligent treatment* or care by a physician, health-care practitioner, or health-care entity. It also does not limit defenses or immunities available to those people or entities.
Except as specifically provided in this subchapter, nothing in this subchapter shall be construed as changing the liabilities or immunities under law 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.
Nothing in this subchapter 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.
Nothing in this subchapter 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.
Nothing in this chapter 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.
Source credit: (Pub. L. 99–660, title IV, § 415, Nov. 14, 1986, 100 Stat. 3787; 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. 3787
- 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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