§11111 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Protects professional review bodies and the people who work with or help them from being sued, as long as the review meets the standards in section 11112(a) and subsection (b) does not apply. That protection covers the review group, its members and staff, contractors, and anyone who helps with the review. Also, anyone who gives information to a review body about a physician’s skill or conduct cannot be held liable under federal or state law for giving that information unless the information is false and the person knew it was false. If the Secretary believes a health care entity did not report required information under section 11133(a), the Secretary must investigate, give notice, allow correction and a hearing, and if the failure is found, publish the entity’s name in the Federal Register. For any professional review actions the named entity starts during the 3-year period beginning 30 days after that publication, the legal protections above do not apply. Subsection (a) applies to state laws only for actions started on or after October 14, 1989, unless a State passes a law to apply it earlier; that State choice only covers actions beginning on or after the State law’s effective date, which cannot be earlier than the law’s enactment.

Title 42, §11111

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

(a)(1)If a professional review action (as defined in section 11151(9) of this title) of a professional review body meets all the standards specified in section 11112(a) of this title, except as provided in subsection (b)—

(A)the professional review body,

(B)any person acting as a member or staff to the body,

(C)any person under a contract or other formal agreement with the body, and

(D)any person who participates with or assists the body with respect to the action,

(2)Notwithstanding any other provision of law, no person (whether as a witness or otherwise) providing information to a professional review body regarding the competence or professional conduct of a physician shall be held, by reason of having provided such information, to be liable in damages under any law of the United States or of any State (or political subdivision thereof) unless such information is false and the person providing it knew that such information was false.

(b)If the Secretary has reason to believe that a health care entity has failed to report information in accordance with section 11133(a) of this title, the Secretary shall conduct an investigation. If, after providing notice of noncompliance, an opportunity to correct the noncompliance, and an opportunity for a hearing, the Secretary determines that a health care entity has failed substantially to report information in accordance with section 11133(a) of this title, the Secretary shall publish the name of the entity in the Federal Register. The protections of subsection (a)(1) shall not apply to an entity the name of which is published in the Federal Register under the previous sentence with respect to professional review actions of the entity commenced during the 3-year period beginning 30 days after the date of publication of the name.

(c)(1)Except as provided in paragraph (2), subsection (a) shall apply to State laws in a State only for professional review actions commenced on or after October 14, 1989.

(2)(A)Subsection (a) shall apply to State laws in a State for actions commenced before October 14, 1989, if the State by legislation elects such treatment.

(B)An election under State law is not effective, for purposes of,11 So in original. Probably should be “for purposes of subparagraph (A),”. for actions commenced before the effective date of the State law, which may not be earlier than the date of the enactment of that law.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Civil Rights Act of 1964, referred to in subsec. (a)(1), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, which is classified principally to subchapters II to IX (§ 2000a et seq.) of chapter 21 of this title. Title VII of this Act relates to equal employment opportunities, and is classified generally to subchapter VI (§ 2000e et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 2000a of this title and Tables. The Civil Rights Acts, referred to in subsec. (a)(1), are classified generally to chapter 21 (§ 1981 et seq.) of this title.

Amendments

1989—Subsec. (c)(2)(B), (C). Pub. L. 101–239 added Pub. L. 100–177, § 402(c), see 1987 Amendment note below. 1987—Subsec. (c)(2)(B), (C). Pub. L. 100–177, § 402(c), as added by Pub. L. 101–239, redesignated subpar. (C) as (B), struck out “subparagraphs (A) and (B)” after “for purposes of”, and struck out former subpar. (B) which read as follows: “Subsection (a) of this section shall not apply to State laws in a State for actions commenced on or after October 14, 1989, if the State by legislation elects such treatment.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1987 AmendmentAmendment by Pub. L. 100–177 effective Nov. 14, 1986, see section 402(d) of Pub. L. 100–177, as renumbered and amended, set out as a note under section 11137 of this title.

Effective Date

Pub. L. 99–660, title IV, § 416, Nov. 14, 1986, 100 Stat. 3788, provided that: “This part [part A (§§ 411–416) of title IV of Pub. L. 99–660, enacting this subchapter] shall apply to professional review actions commenced on or after the date of the enactment of this Act [Nov. 14, 1986].”

§11111 Professional Review

Summary

Title 42, §11111

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata