Title 42, The Public Health and WelfareRelease 119-102
§11101 Findings
Title 42 › CHAPTER 117 — ENCOURAGING GOOD FAITH PROFESSIONAL REVIEW ACTIVITIES › § 11101
Summary
Congress found medical mistakes are rising and states can’t fix the problem alone; some bad doctors can move to other states without revealing past problems. Peer review can help, but fear of federal lawsuits (including antitrust rules that allow triple damages) keeps doctors from joining, so the nation must protect and encourage peer review.
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
Aug 21, 2026
Release point: 119-102