U.S. Code » Title 42 » Chapter CHAPTER 117— ENCOURAGING GOOD FAITH PROFESSIONAL REVIEW ACTIVITIES › Subchapter SUBCHAPTER II— REPORTING OF INFORMATION

42 U.S.C. § 11134

Form of reporting

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(a) Timing and form

The information required to be reported under sections 11131, 11132(a), and 11133 of this title shall be reported regularly (but not less often than monthly) and in such form and manner as the Secretary prescribes. Such information shall first be required to be reported on a date (not later than one year after November 14, 1986) specified by the Secretary.

(b) To whom reported

The information required to be reported under sections 11131, 11132(a), and 11133(b) of this title shall be reported to the Secretary, or, in the Secretary’s discretion, to an appropriate private or public agency which has made suitable arrangements with the Secretary with respect to receipt, storage, protection of confidentiality, and dissemination of the information under this subchapter.

(c) Reporting to State licensing boards(1) Malpractice payments

Information required to be reported under section 11131 of this title shall also be reported to the appropriate State licensing board (or boards) in the State in which the medical malpractice claim arose.

(2) Reporting to other licensing boards

Information required to be reported under section 11133(b) of this title shall also be reported to the appropriate State licensing board in the State in which the health care entity is located if it is not otherwise reported to such board under subsection (b).

(Pub. L. 99–660, title IV, § 424, Nov. 14, 1986, 100 Stat. 3790.)
Notes of Decisions
Cited in 16 cases (5 in the last 5 years), 1994–2025 · leading case: Doe v. Rodgers, M.H.A., 139 F. Supp. 3d 120 (D.D.C. 2015).
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Doe v. Rodgers, M.H.A., 139 F. Supp. 3d 120 (D.D.C. 2015). · cites it 2× “42 U.S.C. § 11134 (b); 45 C.F.R. § 60.12 .”
Mem'l Hosp.-The Woodlands v. McCown, 927 S.W.2d 1 (Tex. 1996). “42 U.S.C. § 11134 (b). The board of medical examiners in each state is required to report to the Secretary instances in which a healthcare entity has denied an individual physician clinical privileges, in addition to instances in which it has changed or modified such privileges,…”
Schaaf v. Kaufman, 850 A.2d 655 (Pa. Super. Ct. 2004). “¶ 32 Questions about the irrelevant considerations jury instruction arose because the Act also requires the information on malpractice payments to be reported to state licensing boards.”
Troescher v. Grody, 869 A.2d 1014 (Pa. Super. Ct. 2005). “42 U.S.C. § 11134 (b). In response, the Department of Health and Human Services created the Data Bank.”
Med. Soc'y of New Jersey v. Mottola, 320 F. Supp. 2d 254 (D.N.J. 2004). · cites it 2× “42 U.S.C. § 11134 (c); 45 C.F.R. § 60.7 .”
Simpkins v. Shalala, 999 F. Supp. 106 (D.D.C. 1998). “See 42 U.S.C. § 11134 . Defendants appear to argue that they did not need to review the accuracy of the information submitted to the Data Bank.”
Doe v. Thompson, 332 F. Supp. 2d 124 (D.D.C. 2004). “§ 11135 (a)(2); see also 42 U.S.C. § 11134 (b). 3 . These procedures for disputing information contained in the NPDB, found at 45 C.”
Doe v. United States Dep't of Health & Human Servs., 871 F. Supp. 808 (E.D. Pa. 1994). “” 42 U.S.C. § 11134 (a). However, information regarding licensure actions must be submitted to the Data Bank with 30 days of the date the licensure action was taken.”
Taylor v. Portland Adventist Med. Ctr., 255 P.3d 526 (Or. Ct. App. 2011). “42 USC § 11134 (c). However, it is not clear that any judgment against defendant in this action would result in a payment “for the benefit of’ the physicians.”
Robert W. Van Boven M.D., D.D.S. v. Scott Freshour, Margaret McNeese, Chris Palazola, Amy Swanholm, Timothy Webb, & Sherif Zaafran, M.D., in Their Off. Capacities as Officers of the Texas Med. Bd. (Tex. 2022). “It approved the Board’s explanation for filing a Revision-to-Action 36 42 U.S.C. § 11134 (a). 37 TEX. OCC. CODE § 164.”
Phillip P. Crace, M.D. v. Jorge Campo (Ky. Ct. App. 2024). “42 U.S.C. §11134 (c)(1). “[U]pon request,” the Secretary of Health and Human Services may also provide the reported malpractice payment information to “hospitals, and to other health care entities .”
Satgunam v. Dep't of Health & Human Servs. (E.D. Mich. 2023). “See 42 U.S.C. § 11134 ; 45 C.F.R. § 60.1 . It serves to “alert hospitals and other would-be employers of potential issues with [a] physician’s credentials.”
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