42 U.S.C. § 1320c–6 — Limitation on liability

submitted 91 years ago by Pub. L. 97-248 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 494 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section protects people and organizations involved in quality-improvement reviews from criminal liability and civil liability in specified circumstances. It also requires the Secretary to reimburse reasonable defense expenses in covered proceedings.

(a) A person who gives information to an organization contracted under this part is not criminally liable or civilly liable under Federal or State law merely for giving it, unless the information is unrelated to the contract or is false and the person knew or had reason to believe it was false. (b) A contracted organization, its employees and fiduciaries, and people providing professional services to it are not criminally or civilly liable merely because they performed a duty, function, or activity required or authorized by this part or a valid contract, if they used due care. (c) A doctor of medicine or osteopathy and a health-care provider, including its directors, trustees, employees, and officials, is not civilly liable under Federal or State law for an action taken in compliance with or reliance on professionally developed care and treatment norms applied by a contracted organization operating where the action occurred, but only if the action was taken in professional practice and the person used due care in related professional conduct. (d) The Secretary must pay a contracted organization, its member or employee, or its legal counsel or service provider a reasonable amount, as the Secretary determines, for expenses defending a suit, action, or proceeding related to that organization’s, member’s, or employee’s performance of a contract duty or function.

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

(a) Providers of information to organizations having a contract with Secretary

Notwithstanding any other provision of law, no person providing information to any organization having a contract with the Secretary under this part shall be held, by reason of having provided such information, to have violated any criminal law, or to be civilly liable under any law of the United States or of any State (or political subdivision thereof) unless—

(1)

such information is unrelated to the performance of the contract of such organization; or

(2)

such information is false and the person providing it knew, or had reason to believe, that such information was false.

(b) Employees and fiduciaries of organizations having contracts with Secretary

No organization having a contract with the Secretary under this part and no person who is employed by, or who has a fiduciary relationship with, any such organization or who furnishes professional services to such organization, shall be held by reason of the performance of any duty, function, or activity required or authorized pursuant to this part or to a valid contract entered into under this part, to have violated any criminal law, or to be civilly liable under any law of the United States or of any State (or political subdivision thereof) provided due care was exercised in the performance of such duty, function, or activity.

No doctor of medicine or osteopathy and no provider (including directors, trustees, employees, or officials thereof) of health care services shall be civilly liable to any person under any law of the United States or of any State (or political subdivision thereof) on account of any action taken by him in compliance with or reliance upon professionally developed norms of care and treatment applied by an organization under contract pursuant to section 1320c–2 of this title operating in the area where such doctor of medicine or osteopathy or provider took such action; but only if—

(1)

he takes such action in the exercise of his profession as a doctor of medicine or osteopathy or in the exercise of his functions as a provider of health care services; and

(2)

he exercised due care in all professional conduct taken or directed by him and reasonably related to, and resulting from, the actions taken in compliance with or reliance upon such professionally accepted norms of care and treatment.

(d) Reimbursement by Secretary for expenses incurred in defense of legal proceedings

The Secretary shall make payment to an organization under contract with him pursuant to this part, or to any member or employee thereof, or to any person who furnishes legal counsel or services to such organization, in an amount equal to the reasonable amount of the expenses incurred, as determined by the Secretary, in connection with the defense of any suit, action, or proceeding brought against such organization, member, or employee related to the performance of any duty or function under such contract by such organization, member, or employee.

Source credit: (Aug. 14, 1935, ch. 531, title XI, § 1157, as added Pub. L. 97–248, title I, § 143, Sept. 3, 1982, 96 Stat. 389; amended Pub. L. 101–508, title IV, § 4205(f), Nov. 5, 1990, 104 Stat. 1388–114.)

history & why it existsrecord from the source credit

1935Enacted · Pub. L. 97-248 · 96 Stat. 389
1990Amended · Pub. L. 101-508 · 104 Stat. 1388

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-248 on 1935-08-14.

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