§1396r–2 — Title 42 The Public Health and Welfare | U.S. Code

Summary

States must set up a system to report when a health care practitioner or provider has formal disciplinary or enforcement actions. That includes things like license revocations or suspensions (and how long), reprimands, probation, cases closed because the person surrendered a license or left the state, other losses of the right to hold or renew a license, and other negative findings. States must also report final adverse actions by state law or fraud agencies (but not settlements with no finding of liability). States must give the Secretary (or someone the Secretary names) access to the agency records needed to check the facts. The Secretary will collect the information and share it, under privacy safeguards, with federal and state health program agencies, hospitals and other health care organizations, health plans, law enforcement as appropriate, and the Comptroller General on request. The person or entity named can get their record and must be allowed to dispute errors, and states must correct reported mistakes. The Secretary may charge fees to cover costs. People and agencies that report as required are protected from lawsuits unless they knew the report was false. Defined terms: "State licensing or certification agency" — a state authority that licenses or reviews health workers or entities; "State law or fraud enforcement agency" — a state police agency or a Medicaid fraud control unit; "Final adverse action" — covers civil judgments, state criminal convictions, exclusion from state health programs, licensing actions, and other adjudicated actions the Secretary defines, but not malpractice claims.

Title 42, §1396r–2

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The requirement referred to in section 1396a(a)(49) of this title is that the State must provide for the following:

(1)(A)The State must have in effect a system of reporting the following information with respect to formal proceedings (as defined by the Secretary in regulations) concluded against a health care practitioner or entity by a State licensing or certification agency:

(i)Any adverse action taken by such licensing authority as a result of the proceeding, including any revocation or suspension of a license (and the length of any such suspension), reprimand, censure, or probation.

(ii)Any dismissal or closure of the proceedings by reason of the practitioner or entity surrendering the license or leaving the State or jurisdiction.

(iii)Any other loss of license or the right to apply for, or renew, a license by the practitioner or entity, whether by operation of law, voluntary surrender, nonrenewability, or otherwise.

(iv)Any negative action or finding by such authority, organization, or entity regarding the practitioner or entity.

(B)The State must have in effect a system of reporting information with respect to any final adverse action (not including settlements in which no findings of liability have been made) taken against a health care provider, supplier, or practitioner by a State law or fraud enforcement agency.

(2)The State must provide the Secretary (or an entity designated by the Secretary) with access to such documents of a State licensing or certification agency or State law or fraud enforcement agency as may be necessary for the Secretary to determine the facts and circumstances concerning the actions and determinations described in such paragraph for the purpose of carrying out this chapter.

(b)The information described in subsection (a)(1) shall be provided to the Secretary (or to an appropriate private or public agency, under suitable arrangements made by the Secretary with respect to receipt, storage, protection of confidentiality, and dissemination of information) in such a form and manner as the Secretary determines to be appropriate in order to provide for activities of the Secretary under this chapter and in order to provide, directly or through suitable arrangements made by the Secretary, information—

(1)to agencies administering Federal health care programs, including private entities administering such programs under contract,

(2)to State licensing or certification agencies and Federal agencies responsible for the licensing and certification of health care providers, suppliers, and licensed health care practitioners; 11 So in original. The semicolon probably should be a comma.

(3)to State agencies administering or supervising the administration of State health care programs (as defined in section 1320a–7(h) of this title),

(4)to utilization and quality control peer review organizations 22 So in original. Probably should be “to quality improvement organizations”. described in part B of subchapter XI and to appropriate entities with contracts under section 1320c–3(a)(4)(C) 33 See References in Text note below. of this title with respect to eligible organizations reviewed under the contracts, but only with respect to information provided pursuant to subsection (a)(1)(A),

(5)to State law or fraud enforcement agencies,

(6)to hospitals and other health care entities (as defined in section 431 of the Health Care Quality Improvement Act of 1986 [42 U.S.C. 11151]), with respect to physicians or other licensed health care practitioners that have entered (or may be entering) into an employment or affiliation relationship with, or have applied for clinical privileges or appointments to the medical staff of, such hospitals or other health care entities (and such information shall be deemed to be disclosed pursuant to section 427 [42 U.S.C. 11137] of, and be subject to the provisions of, that Act [42 U.S.C. 11101 et seq.]), but only with respect to information provided pursuant to subsection (a)(1)(A),

(7)to health plans (as defined in section 1320a–7c(c) of this title); 1

(8)to the Attorney General and such other law enforcement officials as the Secretary deems appropriate, and

(9)upon request, to the Comptroller General,

(c)The Secretary shall provide for suitable safeguards for the confidentiality of the information furnished under subsection (a). Nothing in this subsection shall prevent the disclosure of such information by a party which is otherwise authorized, under applicable State law, to make such disclosure.

(d)(1)With respect to information reported pursuant to subsection (a)(1), the Secretary shall—

(A)provide for disclosure of the information, upon request, to the health care practitioner who, or the entity that, is the subject of the information reported; and

(B)establish procedures for the case where the health care practitioner or entity disputes the accuracy of the information reported.

(2)Each State licensing or certification agency and State law or fraud enforcement agency shall report corrections of information already reported about any formal proceeding or final adverse action described in subsection (a), in such form and manner as the Secretary prescribes by regulation.

(e)The Secretary may establish or approve reasonable fees for the disclosure of information under this section. The amount of such a fee may not exceed the costs of processing the requests for disclosure and of providing such information. Such fees shall be available to the Secretary to cover such costs.

(f)No person or entity, including any agency designated by the Secretary in subsection (b), shall be held liable in any civil action with respect to any reporting of information as required under this section, without knowledge of the falsity of the information contained in the report.

(g)For purposes of this section:

(1)The term “State licensing or certification agency” includes any authority of a State (or of a political subdivision thereof) responsible for the licensing of health care practitioners (or any peer review organization or private accreditation entity reviewing the services provided by health care practitioners) or entities.

(2)The term “State law or fraud enforcement agency” includes—

(A)a State law enforcement agency; and

(B)a State medicaid fraud control unit (as defined in section 1396b(q) of this title).

(3)(A)Subject to subparagraph (B), the term “final adverse action” includes—

(i)civil judgments against a health care provider, supplier, or practitioner in State court related to the delivery of a health care item or service;

(ii)State criminal convictions related to the delivery of a health care item or service;

(iii)exclusion from participation in State health care programs (as defined in section 1320a–7(h) of this title);

(iv)any licensing or certification action described in subsection (a)(1)(A) taken against a supplier by a State licensing or certification agency; and

(v)any other adjudicated actions or decisions that the Secretary shall establish by regulation.

(B)Such term does not include any action with respect to a malpractice claim.

(h)In implementing this section, the Secretary shall provide for the maximum appropriate coordination with part B of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11131 et seq.) and section 1320a–7e of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1320c–3(a)(4)(C) of this title, referred to in subsec. (b)(4), was repealed by Pub. L. 112–40, title II, § 261(c)(2)(A)(ii), Oct. 21, 2011, 125 Stat. 425. The Health Care Quality Improvement Act of 1986 and that Act, referred to in subsecs. (b)(6) and (h), are title IV of Pub. L. 99–660, Nov. 14, 1986, 100 Stat. 3784, which is classified generally to chapter 117 (§ 11101 et seq.) of this title. Part B of the Act is classified generally to subchapter II (§ 11131 et seq.) of chapter 117 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 11101 of this title and Tables.

Prior Provisions

A prior section 1921 of act Aug. 14, 1935, was renumbered section 1939 and is classified to section 1396v of this title.

Amendments

2010—Subsec. (a)(1). Pub. L. 111–148, § 6403(b)(1)(A)(ii), redesignated subpars. (A) to (D) as cls. (i) to (iv), respectively, of subpar. (A). Pub. L. 111–148, § 6403(b)(1)(A)(i), which directed adding subpar. (A) and striking out “The State” and all that follows through the “semicolon”, was executed by adding subpar. (A) and striking out “The State must have in effect a system of reporting the following information with respect to formal proceedings (as defined by the Secretary in

Regulations

) concluded against a health care practitioner or entity by any authority of the State (or of a political subdivision thereof) responsible for the licensing of health care practitioners (or any peer review organization or private accreditation entity reviewing the services provided by health care practitioners) or entities:”, to reflect the probable intent of Congress. Subsec. (a)(1)(A)(iii). Pub. L. 111–148, § 6403(b)(1)(A)(iii), substituted “license or the right to apply for, or renew, a license by” for “the license of” and inserted “nonrenewability,” after “voluntary surrender,”. Subsec. (a)(1)(B). Pub. L. 111–148, § 6403(b)(1)(A)(iv), added subpar. (B). Subsec. (a)(2). Pub. L. 111–148, § 6403(b)(1)(B), substituted “a State licensing or certification agency or State law or fraud

Enforcement

agency” for “the authority described in paragraph (1)”. Subsec. (b)(2). Pub. L. 111–148, § 6403(b)(2)(A), added par. (2) and struck out former par. (2) which read as follows: “to licensing authorities described in subsection (a)(1) of this section,”. Subsec. (b)(4). Pub. L. 111–148, § 6403(b)(2)(B), inserted “, but only with respect to information provided pursuant to subsection (a)(1)(A)” before comma at end. Subsec. (b)(5). Pub. L. 111–148, § 6403(b)(2)(C), added par. (5) and struck out former par. (5) which read as follows: “to State medicaid fraud control units (as defined in section 1396b(q) of this title),”. Subsec. (b)(6). Pub. L. 111–148, § 6403(b)(2)(B), inserted “, but only with respect to information provided pursuant to subsection (a)(1)(A)” before comma at end. Subsec. (b)(7) to (9). Pub. L. 111–148, § 6403(b)(2)(D), (E), added par. (7) and redesignated former pars. (7) and (8) as (8) and (9), respectively. Subsecs. (d) to (g). Pub. L. 111–148, § 6403(b)(3), added subsecs. (d) to (g). Former subsec. (d) redesignated (h). Subsec. (h). Pub. L. 111–148, § 6403(b)(3), (4), redesignated subsec. (d) as (h) and substituted “In implementing this section, the Secretary shall provide for the maximum appropriate coordination with part B of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11131 et seq.) and section 1320a–7e of this title.” for “The Secretary shall provide for the maximum appropriate coordination in the implementation of subsection (a) of this section and section 422 of the Health Care Quality Improvement Act of 1986.” 1990—Subsec. (a)(1). Pub. L. 101–508, § 4752(f)(1)(A), inserted “(or any peer review organization or private accreditation entity reviewing the services provided by health care practitioners)” after “health care practitioners” in introductory provisions. Subsec. (a)(1)(D). Pub. L. 101–508, § 4752(f)(1)(B), added subpar. (D).

Statutory Notes and Related Subsidiaries

Effective Date

of 2010 AmendmentAmendment by Pub. L. 111–148 effective on the first day after the final day of the transition period defined in section 6403(d)(5) of Pub. L. 111–148, see section 6403(d)(6) of Pub. L. 111–148, set out as a Transition Process;

Effective Date

of 2010 Amendment note under section 1320a–7e of this title.

Effective Date

of 1990 Amendment Pub. L. 101–508, title IV, § 4752(f)(2), Nov. 5, 1990, 104 Stat. 1388– 208, provided that: “The

Amendments

made by paragraph (1) [amending this section] shall apply to State information reporting systems as of January 1, 1992, without regard to whether or not the Secretary of Health and Human Services has promulgated any

Regulations

to carry out such

Amendments

by such date.”

Effective Date

Section applicable, with certain exceptions, to payments under subchapter XIX of this chapter for calendar quarters beginning more than thirty days after Aug. 18, 1987, without regard to whether or not final

Regulations

to carry out this section have been published by that date, see section 15(c)(1), (2) of Pub. L. 100–93 set out as an

Effective Date

of 1987 Amendment note under section 1320a–7 of this title.

§1396r–2 Information concerning sanctions taken by State licensing authorities against health care practitioners and providers

Summary

Title 42, §1396r–2

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Prior Provisions

Amendments

Regulations

Enforcement

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Amendments

Regulations

Amendments

Effective Date

Regulations

Effective Date

Citations & Metadata