- § 11131. Requiring reports on medical malpractice payments
- § 11132. Reporting of sanctions taken by Boards of Medical Examiners
- § 11133. Reporting of certain professional review actions taken by health care entities
- § 11134. Form of reporting
- § 11135. Duty of hospitals to obtain information
- § 11136. Disclosure and correction of information
- § 11137. Miscellaneous provisions
§ 11131. Requiring reports on medical malpractice payments
(a) In general
(b) Information to be reported
The information to be reported under subsection (a) includes—
(1) the name of any physician or licensed health care practitioner for whose benefit the payment is made,
(2) the amount of the payment,
(3) the name (if known) of any hospital with which the physician or practitioner is affiliated or associated,
(4) a description of the acts or omissions and injuries or illnesses upon which the action or claim was based, and
(5) such other information as the Secretary determines is required for appropriate interpretation of information reported under this section.
(c) Sanctions for failure to report
(d) Report on treatment of small payments
(Pub. L. 99–660, title IV, § 421, Nov. 14, 1986, 100 Stat. 3788.)
§ 11132. Reporting of sanctions taken by Boards of Medical Examiners
(a) In general
(1) Actions subject to reporting
Each Board of Medical Examiners—
(A) which revokes or suspends (or otherwise restricts) a physician’s license or censures, reprimands, or places on probation a physician, for reasons relating to the physician’s professional competence or professional conduct, or
(B) to which a physician’s license is surrendered,
shall report, in accordance with section 11134 of this title, the information described in paragraph (2).
(2) Information to be reported
The information to be reported under paragraph (1) is—
(A) the name of the physician involved,
(B) a description of the acts or omissions or other reasons (if known) for the revocation, suspension, or surrender of license, and
(C) such other information respecting the circumstances of the action or surrender as the Secretary deems appropriate.
(b) Failure to report
(Pub. L. 99–660, title IV, § 422, Nov. 14, 1986, 100 Stat. 3789.)
§ 11133. Reporting of certain professional review actions taken by health care entities
(a) Reporting by health care entities
(1) On physiciansEach health care entity which—
(A) takes a professional review action that adversely affects the clinical privileges of a physician for a period longer than 30 days;
(B) accepts the surrender of clinical privileges of a physician—
(i) while the physician is under an investigation by the entity relating to possible incompetence or improper professional conduct, or
(ii) in return for not conducting such an investigation or proceeding; or
(C) in the case of such an entity which is a professional society, takes a professional review action which adversely affects the membership of a physician in the society,
shall report to the Board of Medical Examiners, in accordance with section 11134(a) of this title, the information described in paragraph (3).
(2) Permissive reporting on other licensed health care practitioners
(3) Information to be reportedThe information to be reported under this subsection is—
(A) the name of the physician or practitioner involved,
(B) a description of the acts or omissions or other reasons for the action or, if known, for the surrender, and
(C) such other information respecting the circumstances of the action or surrender as the Secretary deems appropriate.
(b) Reporting by Board of Medical Examiners
(c) Sanctions
(1) Health care entities
(2) Board of Medical Examiners
(d) References to Board of Medical Examiners
(Pub. L. 99–660, title IV, § 423, Nov. 14, 1986, 100 Stat. 3789.)
§ 11134. Form of reporting
(a) Timing and form
(b) To whom reported
(c) Reporting to State licensing boards
(1) Malpractice payments
(2) Reporting to other licensing boards
(Pub. L. 99–660, title IV, § 424, Nov. 14, 1986, 100 Stat. 3790.)
§ 11135. Duty of hospitals to obtain information
(a)
It is the duty of each hospital to request from the Secretary (or the agency designated under section 11134(b) of this title), on and after the date information is first required to be reported under section 11134(a) of this title)— 1
1 So in original. The closing parenthesis probably should not appear.
(1) at the time a physician or licensed health care practitioner applies to be on the medical staff (courtesy or otherwise) of, or for clinical privileges at, the hospital, information reported under this subchapter concerning the physician or practitioner, and
(2) once every 2 years information reported under this subchapter concerning any physician or such practitioner who is on the medical staff (courtesy or otherwise) of, or has been granted clinical privileges at, the hospital.
A hospital may request such information at other times.
(b) Failure to obtain information
(c) Reliance on information provided
(Pub. L. 99–660, title IV, § 425, Nov. 14, 1986, 100 Stat. 3790.)
§ 11136. Disclosure and correction of information
With respect to the information reported to the Secretary (or the agency designated under section 11134(b) of this title) under this subchapter respecting a physician or other licensed health care practitioner, the Secretary shall, by regulation, provide for—
(1) disclosure of the information, upon request, to the physician or practitioner, and
(2) procedures in the case of disputed accuracy of the information.
(Pub. L. 99–660, title IV, § 426, Nov. 14, 1986, 100 Stat. 3791.)
§ 11137. Miscellaneous provisions
(a) Providing licensing boards and other health care entities with access to information
(b) Confidentiality of information
(1) In general
(2) Penalty for violations
(3) Use of information
(4) Fees
(c) Relief from liability for reporting
(d) Interpretation of information
(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.)