Sec. 427. MISCELLANEOUS PROVISIONS

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 427 MISCELLANEOUS PROVISIONS **[**11137**]** ###

(a)Providing Licensing Boards and Other Health Care Entities With Access to Information The Secretary (or the agency designated under section 424(b)) shall, upon request, provide information reported under this part 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 part 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 425 (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 part 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 424(b)), 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 1128A of the Social Security Act are imposed and collected under that section. ####

(3)Use of information Subject to paragraph (1), information provided under section 425 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 426. 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 424(b)) to cover such costs. ###

(c)Relief From Liability for Reporting No person or entity (including the agency designated under section 424(b)) shall be held liable in any civil action with respect to any report made under this part (including information provided under subsection (a)3 without knowledge of the falsity of the information contained in the report. 3So in law. A closing parenthesis probably should follow “subsection (a)”. ###

(d)Interpretation of Information In interpreting information reported under this part, a payment in settlement of a medical malpractice action or claim shall not be construed as creating a presumption that medical malpractice has occurred. ### PART C DEFINITIONS AND REPORTS