Providing licensing boards and other health care entities with access to information
section 11134(b) of this titleThe Secretary (or the agency designated under ) 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.
Confidentiality of information
In general
section 11135 of this titlesection 11134(b) of this titleInformation 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 (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 ), on application by any person, shall prepare such information in such form and shall disclose such information in such form.
Penalty for violations
section 1320a–7a of this titleAny 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 are imposed and collected under that section.
Use of information
section 11135 of this titleSubject to paragraph (1), information provided under and subsection (a) is intended to be used solely with respect to activities in the furtherance of the quality of health care.
Fees
section 11136 of this titlesection 11134(b) of this titleThe Secretary may establish or approve reasonable fees for the disclosure of information under this section or . 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 ) to cover such costs.
Relief from liability for reporting
section 11134(b) of this title1
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, § 427100 Stat. 3791Pub. L. 100–177, title IV, § 402(a)101 Stat. 1007(, , ; , (b), , .)
Editorial Notes
Amendments
Pub. L. 100–177, § 402(a)(1)section 11135 of this titlesection 11134(b) of this title1987—Subsec. (b)(1). , substituted “as necessary to carry out subsections (b) and (c) of (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 ), on application by any person, shall prepare such information in such form and shall disclose such information in such form.”
Pub. L. 100–177, § 402(b)Subsec. (b)(4). , added par. (4).
Pub. L. 100–177, § 402(a)(2)section 11134(b) of this titleSubsec. (c). , inserted “(including the agency designated under )” 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)101 Stat. 1007Pub. L. 101–239, title VI, § 6103(e)(6)103 Stat. 2208