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BUL4602 Fall-2011 Lecture 6, Reading 3

BUL4602 Fall-2011 Lecture 6, Reading 3 - 42 USC 11101 42...

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42 USC 11101 NB: This unofficial compilation of the U.S. Code is current as of Jan. 2, 2006 (see http://www.law.cornell.edu/uscode/uscprint.html). - 1 - TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 117 - ENCOURAGING GOOD FAITH PROFESSIONAL REVIEW ACTIVITIES § 11101. Findings The Congress finds the following: (1) The increasing occurrence of medical malpractice and the need to improve the quality of medical care have become nationwide problems that warrant greater efforts than those that can be undertaken by any individual State. (2) There is a national need to restrict the ability of incompetent physicians to move from State to State without disclosure or discovery of the physician’s previous damaging or incompetent performance. (3) This nationwide problem can be remedied through effective professional peer review. (4) The threat of private money damage liability under Federal laws, including treble damage liability under Federal antitrust law, unreasonably discourages physicians from participating in effective professional peer review. (5) There is an overriding national need to provide incentive and protection for physicians engaging in effective professional peer review. (Pub. L. 99–660, title IV, § 402, Nov. 14, 1986, 100 Stat. 3784.) References in Text The Federal antitrust laws, referred to in par. (4), are classified generally to chapter 1 (§ 1 et seq.) of Title 15, Commerce and Trade. Short Title Section 401 of title IV of Pub. L. 99–660 provided that: “This title [enacting this chapter and provisions set out as a note under section 11111 of this title] may be cited as the ‘Health Care Quality Improvement Act of 1986’.” 42 USC 11101, 11111, and 11112 page1 of 5
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42 USC 11111 NB: This unofficial compilation of the U.S. Code is current as of Jan. 2, 2006 (see http://www.law.cornell.edu/uscode/uscprint.html). - 1 - TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 117 - ENCOURAGING GOOD FAITH PROFESSIONAL REVIEW ACTIVITIES SUBCHAPTER I - PROMOTION OF PROFESSIONAL REVIEW ACTIVITIES § 11111. Professional review (a) In general (1) Limitation on damages for professional review actions If a professional review action (as defined in section 11151 (9) of this title) of a professional review body meets all the standards specified in section 11112 (a) of this title, except as provided in subsection (b) of this section— (A) the professional review body, (B) any person acting as a member or staff to the body, (C) any person under a contract or other formal agreement with the body, and (D) any person who participates with or assists the body with respect to the action, shall not be liable in damages under any law of the United States or of any State (or political subdivision thereof) with respect to the action. The preceding sentence shall not apply to damages under any law of the United States or any State relating to the civil rights of any person or persons, including the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq. and the Civil Rights Acts, 42 U.S.C. 1981, et seq. Nothing in this paragraph shall prevent the United States or any Attorney
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