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Title 42, The Public Health and WelfareRelease 119-110

§11137 Miscellaneous Provisions

Title 42 › CHAPTER 117 — ENCOURAGING GOOD FAITH PROFESSIONAL REVIEW ACTIVITIES › SUBCHAPTER II — REPORTING OF INFORMATION › § 11137

Last updated Sep 23, 2026|Official source

Summary

The federal health official must give information reported about a doctor or other licensed health worker to State licensing boards, hospitals, and other health care groups (including HMOs) that are hiring, affiliating with, or considering clinical privileges for that person, if they ask. The reported information is private and must not be shared except with the practitioner, for official professional review activities, or as federal rules allow. State laws that already permit sharing can still apply. Information that does not identify anyone is not private, and the federal official will make and give out anonymous summaries on request. Anyone who improperly shares private reports can be fined up to $10,000 for each violation; fines are collected like other federal civil money penalties. The information is meant only to help improve health care. The federal official may charge reasonable fees to cover the cost of providing records. People and organizations that make reports are protected from civil lawsuits unless they knew the report was false. A payment to settle a medical malpractice claim by itself does not prove malpractice occurred.

Full Legal Text

Title 42, §11137

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

(a)Providing licensing boards and other health care entities with access to information
The Secretary (or the agency designated under section 11134(b) of this title) shall, upon request, provide information reported under this subchapter with respect to a physician or other licensed health care practitioner to State licensing boards, to hospitals, and to other health care entities (including health maintenance organizations) that have entered (or may be entering) into an employment or affiliation relationship with the physician or practitioner or to which the physician or practitioner has applied for clinical privileges or appointment to the medical staff.
(b)Confidentiality of information
(1)In general
Information reported under this subchapter is considered confidential and shall not be disclosed (other than to the physician or practitioner involved) except with respect to professional review activity, as necessary to carry out subsections (b) and (c) of section 11135 of this title (as specified in regulations by the Secretary), or in accordance with regulations of the Secretary promulgated pursuant to 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. Information reported under this subchapter that is in a form that does not permit the identification of any particular health care entity, physician, other health care practitioner, or patient shall not be considered confidential. The Secretary (or the agency designated under section 11134(b) of this title), on application by any person, shall prepare such information in such form and shall disclose such information in such form.
(2)Penalty for violations
Any person who violates paragraph (1) shall be subject to a civil money penalty of not more than $10,000 for each such violation involved. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1320a–7a of this title are imposed and collected under that section.
(3)Use of information
Subject to paragraph (1), information provided under section 11135 of this title and subsection (a) is intended to be used solely with respect to activities in the furtherance of the quality of health care.
(4)Fees
The Secretary may establish or approve reasonable fees for the disclosure of information under this section or section 11136 of this title. 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 (or, in the Secretary’s discretion, to the agency designated under section 11134(b) of this title) to cover such costs.
(c)Relief from liability for reporting
No person or entity (including the agency designated under section 11134(b) of this title) shall be held liable in any civil action with respect to any report made under this subchapter (including information provided under subsection (a) without knowledge of the falsity of the information contained in the report.
(d)Interpretation of information
In interpreting information reported under this subchapter, a payment in settlement of a medical malpractice action or claim shall not be construed as creating a presumption that medical malpractice has occurred.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1987—Subsec. (b)(1). Pub. L. 100–177, § 402(a)(1), substituted “as necessary to carry out subsections (b) and (c) of section 11135 of this title (as specified in

Regulations

by the Secretary)” for “with respect to medical malpractice actions” and inserted at end “Information reported under this subchapter that is in a form that does not permit the identification of any particular health care entity, physician, other health care practitioner, or patient shall not be considered confidential. The Secretary (or the agency designated under section 11134(b) of this title), on application by any person, shall prepare such information in such form and shall disclose such information in such form.” Subsec. (b)(4). Pub. L. 100–177, § 402(b), added par. (4). Subsec. (c). Pub. L. 100–177, § 402(a)(2), inserted “(including the agency designated under section 11134(b) of this title)” after “entity” and “(including information provided under subsection (a)” after “subchapter”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1987 Amendment Pub. L. 100–177, title IV, § 402(d), formerly § 402(c), Dec. 1, 1987, 101 Stat. 1007, as renumbered and amended by Pub. L. 101–239, title VI, § 6103(e)(6), Dec. 19, 1989, 103 Stat. 2208, provided that: “(1) In general.—The

Amendments

made by subsections (a) and (c) [amending this section and section 1111 and 1115 of this title] shall become effective on November 14, 1986. “(2) Fees.—The amendment made by subsection (b) [amending this section] shall become effective on the date of enactment of this Act [Dec. 1, 1987].”

Reference

Citations & Metadata

Citation

42 U.S.C. § 11137

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110