Title 42 — The Public Health and WelfareRelease 119-73
§11101 Findings
Title 42 › Chapter CHAPTER 117— - ENCOURAGING GOOD FAITH PROFESSIONAL REVIEW ACTIVITIES › § 11101
Summary
Calls for national action to reduce rising medical malpractice and improve care. It warns that bad doctors can move between states without their records being known. Effective peer review can fix this, but fear of large lawsuits, including triple damages under antitrust law, keeps doctors from taking part.
Full Legal Text
Title 42, §11101
The Public Health and Welfare — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 99–660, title IV, § 401, Nov. 14, 1986, 100 Stat. 3784, provided that: “This title [enacting this chapter and provisions set out as a note under section 11111 of this title] may be cited as the ‘Health Care Quality Improvement Act of 1986’.”
Reference
Citations & Metadata
Citation
42 U.S.C. § 11101
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73