§ 11137. Miscellaneous provisions
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/usc/title-42/section-11137A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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)1 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.
(Pub. L. 99–660, title IV, § 427, Nov. 14, 1986, 100 Stat. 3791; Pub. L. 100–177, title IV, § 402(a), (b), Dec. 1, 1987, 101 Stat. 1007.)
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Cited by 18 sections · top 14
U.S. Code
statutes-at-large
- Public Law 100–177To amend the Public Health Service Act to establish a National Health Service Corps Loan Repayment Program and to otherwise revise and extend the program for the National Health Service Corps
- Public Law 99–660To require States to develop, establish, and implement State comprehensive mental health plans
- Public Law 101–239To provide for reconciliation pursuant to section 5 of the concurrent resolution on the budget for the fiscal year 1990
- Public Law 100–93To amend titles XI, XVIII, and XIX of the Social Security Act to protect beneficiaries under the health care programs of that Act from unfit health care practitioners, and otherwise to improve the antifraud provisions relating to those programs
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- NoticesNotice SUMMARY: The Health Resources and Services Administration, Department of Health and Human Services, is announcing a decrease in user fees charged to individuals and entities authorized to request information from the National Practitioner Data Bank (NPDB)
11 references not yet in our index
- 1
- Pub. L. 99–660, title IV, § 427
- 100 Stat. 3791
- Pub. L. 100–177, title IV, § 402(a)
- 101 Stat. 1007
- Pub. L. 100–177, § 402(a)(1)
- Pub. L. 100–177, § 402(b)
- Pub. L. 100–177, § 402(a)(2)
- Pub. L. 100–177, title IV, § 402(d)
- Pub. L. 101–239, title VI, § 6103(e)(6)
- 103 Stat. 2208
Citation graph
cites case law
§ 11137
Miscellaneous provisions
Fed. Reg.×9
Stat.×6
U.S.C.×3
Cite1
Pub. L.Pub. L. 99–660, title IV, § 427
Stat.100 Stat. 3791
Pub. L.Pub. L. 100–177, title IV, § 402(a)
Stat.101 Stat. 1007
Cites 15 · showing 9Cited by 18 across 3 sources