42 USC 11137(b): Adverse reports of a health practitioner's conduct
About This Project
This project uses data compiled by the Sunshine in Government initiative, a coalition of journalism and transparency groups. SGI compiled data from federal agency annual FOIA reports to track how often b(3) exemptions were used. SGI also standardized the exemptions since some agencies used slightly different citations of the same laws. In some cases, agencies listed general laws without specifying a section under which information was withheld. This project does not include information from agencies that use no b(3) exemptions in 2008 or 2009. ProPublica compiled information about FOIA denials.
| Department | Claims |
|---|---|
| Dept. of Health and Human Services | 1.0 |
CHAPTER 117--ENCOURAGING GOOD FAITH PROFESSIONAL REVIEW ACTIVITIES
SUBCHAPTER II--REPORTING OF INFORMATION
Sec. 11137. Miscellaneous provisions
(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) of this section. 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) of this section 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) of this section \1\ without knowledge of
the falsity of the information contained in the report.
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\1\ So in original. Probably should be followed by a closing
parenthesis.
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(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, Sec. 427, Nov. 14, 1986, 100 Stat. 3791; Pub.
L. 100-177, title IV, Sec. 402(a), (b), Dec. 1, 1987, 101 Stat. 1007.)
Amendments
1987--Subsec. (b)(1). Pub. L. 100-177, Sec. 402(a)(1), substituted
``as necessary to carry out subsections (b) and (c) of section 11135 of
this title (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
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.''
Subsec. (b)(4). Pub. L. 100-177, Sec. 402(b), added par. (4).
Subsec. (c). Pub. L. 100-177, Sec. 402(a)(2), inserted ``(including
the agency designated under section 11134(b) of this title)'' after
``entity'' and ``(including information provided under subsection (a) of
this section'' after ``subchapter''.
Effective Date of 1987 Amendment
Section 402(d), formerly section 402(c), of Pub. L. 100-177, as
renumbered and amended by Pub. L. 101-239, title VI, Sec. 6103(e)(6),
Dec. 19, 1989, 103 Stat. 2208, provided that:
``(1) In general.--The amendments made by subsections (a) and (c)
[amending this section and sections 1111 and 1115 of this title] shall
become effective on November 14, 1986.
``(2) Fees.--The amendment made by subsection (b) [amending this
section] shall become effective on the date of enactment of this Act
[Dec. 1, 1987].''