PRIA, Government Policy, Made Personal

Summary

If you give information to an organization that has a contract with the Secretary, you generally cannot be charged with a crime or sued under federal or state law just for giving that information. The protection does not apply if the information has nothing to do with the contract or if it is false and you knew or had reason to think it was false. The organization, its employees, people who have a duty to it, and professionals who work for it are also protected from criminal charges and civil suits for actions they take under the contract, so long as they used due care. Doctors and health providers who act by following the organization’s professionally developed care rules in that area are shielded from civil liability if they acted in their professional role and exercised due care. The Secretary will pay a reasonable amount of the defense costs, as the Secretary decides, for the organization, its members or employees, or its legal counsel when a suit is about work done under the contract.

Title 42, §1320c–6

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

(a)Notwithstanding any other provision of law, no person providing information to any organization having a contract with the Secretary under this part shall be held, by reason of having provided such information, to have violated any criminal law, or to be civilly liable under any law of the United States or of any State (or political subdivision thereof) unless—

(1)such information is unrelated to the performance of the contract of such organization; or

(2)such information is false and the person providing it knew, or had reason to believe, that such information was false.

(b)No organization having a contract with the Secretary under this part and no person who is employed by, or who has a fiduciary relationship with, any such organization or who furnishes professional services to such organization, shall be held by reason of the performance of any duty, function, or activity required or authorized pursuant to this part or to a valid contract entered into under this part, to have violated any criminal law, or to be civilly liable under any law of the United States or of any State (or political subdivision thereof) provided due care was exercised in the performance of such duty, function, or activity.

(c)No doctor of medicine or osteopathy and no provider (including directors, trustees, employees, or officials thereof) of health care services shall be civilly liable to any person under any law of the United States or of any State (or political subdivision thereof) on account of any action taken by him in compliance with or reliance upon professionally developed norms of care and treatment applied by an organization under contract pursuant to section 1320c–2 of this title operating in the area where such doctor of medicine or osteopathy or provider took such action; but only if—

(1)he takes such action in the exercise of his profession as a doctor of medicine or osteopathy or in the exercise of his functions as a provider of health care services; and

(2)he exercised due care in all professional conduct taken or directed by him and reasonably related to, and resulting from, the actions taken in compliance with or reliance upon such professionally accepted norms of care and treatment.

(d)The Secretary shall make payment to an organization under contract with him pursuant to this part, or to any member or employee thereof, or to any person who furnishes legal counsel or services to such organization, in an amount equal to the reasonable amount of the expenses incurred, as determined by the Secretary, in connection with the defense of any suit, action, or proceeding brought against such organization, member, or employee related to the performance of any duty or function under such contract by such organization, member, or employee.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1320c–6, act Aug. 14, 1935, ch. 531, title XI, § 1157, as added Oct. 30, 1972, Pub. L. 92–603, title II, § 249F(b), 86 Stat. 1437; amended Oct. 25, 1977, Pub. L. 95–142, § 13(b)(4), 91 Stat. 1198, related to submission of reports by Professional Standards Review Organizations, prior to the general revision of this part by Pub. L. 97–248.

Amendments

1990—Subsec. (b). Pub. L. 101–508 inserted “organization having a contract with the Secretary under this part and no” after “No”, struck out “by him” after “the performance”, and substituted “due care was exercised in the performance of such duty, function, or activity” for “he has exercised due care”.

§1320c–6 Limitation on Liability