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

42 U.S.C. § 11135

Duty of hospitals to obtain information

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(a) In generalIt 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)— 11 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

With respect to a medical malpractice action, a hospital which does not request information respecting a physician or practitioner as required under subsection (a) is presumed to have knowledge of any information reported under this subchapter to the Secretary with respect to the physician or practitioner.

(c) Reliance on information provided

Each hospital may rely upon information provided to the hospital under this chapter and shall not be held liable for such reliance in the absence of the hospital’s knowledge that the information provided was false.

(Pub. L. 99–660, title IV, § 425, Nov. 14, 1986, 100 Stat. 3790.)
Notes of Decisions
Cited in 31 cases (5 in the last 5 years), 1994–2025 · leading case: Ashraf v. Adventist Health Sys./Sunbelt, Inc., 322 F. Supp. 3d 879 (W.D. Tenn. 2018).
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Ashraf v. Adventist Health Sys./Sunbelt, Inc., 322 F. Supp. 3d 879 (W.D. Tenn. 2018). “See 42 U.S.C. § 11135 (a)(1) (hospitals have a duty to obtain information when a physician applies to be on the medical staff); see also Pierson v.”
Jacksonian v. Temple Univ. Health Sys. Found., 862 A.2d 1275 (Pa. Super. Ct. 2004). · cites it 2× “See 42 U.S.C. § 11135 . The Act requires hospitals to report information to the Data Bank, and to request information from the Data Bank when physicians join a hospital and every two years thereafter.”
Doe v. Rodgers, M.H.A., 139 F. Supp. 3d 120 (D.D.C. 2015). · cites it 2× “And the agency’s disclosure of Adverse Action Reports contained in the National Practitioner Data Bank could be deemed to be broad informal action because all health care entities considering extending clinical privileges to a physician are required to query the Data Bank, 42…”
William I. Babchuk, M.D., P.C. v. Indiana Univ. Health, Inc, 809 F.3d 966 (7th Cir. 2016). “He argues that because before granting such privileges a hospital must check the National Practitioner Data Bank for adverse peer-review information, 42 U.S.C. § 11135 (a)(1), and “defendants’ summary suspension of Dr.”
Smith v. Selma Cmty. Hosp., 164 Cal. App. 4th 1478 (Cal. Ct. App. 2008). “( 42 U.S.C. § 11135 (a).) Because hospitals monitor the NPDB, an institution’s negative decision about a physician can have a snowball effect.”
Mem'l Hosp.-The Woodlands v. McCown, 927 S.W.2d 1 (Tex. 1996). “42 U.S.C. § 11135 (a)(1). It is apparent from the federal Act that the initial credentialing process is a critical juncture in improving the quality of medical care and that peer review should occur at that point.”
Doe v. Thompson, 332 F. Supp. 2d 124 (D.D.C. 2004). · cites it 2× “¶¶ 115, 117; see also 42 U.S.C. § 11135 . 2 However, instead of reviewing the plaintiffs request pursuant to the Privacy Act, the DHHS responded by informing the plaintiff that the sole administrative remedy available to him was the procedures promulgated by the DHHS in 45 C.”
Hayes v. Mercy Health Corp., 739 A.2d 114 (Pa. 1999). · cites it 2× “[2] A hospital that fails to comply with this requirement will be "presumed to have knowledge of any information reported under this subchapter .”
Pierson v. Orlando Reg'l Healthcare Sys., Inc., 619 F. Supp. 2d 1260 (M.D. Fla. 2009). “42 U.S.C. § 11135 (a). Hospitals are also permitted to request information at other times.”
Carr v. Howard, 426 Mass. 514 (Mass. 1998). “§§ 11101-11152 (1994), which required hospitals to consult a national data bank of physicians when considering granting a doctor staff privileges, 42 U.S.C. § 11135 (a)(1), and to inform the data bank when a doctor’s privileges were suspended.”
Taylor v. Kennestone Hosp., Inc., 596 S.E.2d 179 (Ga. Ct. App. 2004). “42 USC § 11135 . 3 Taylor testified: “I agreed with Kennestone that I would restrict my number of admissions to just basically true emergencies.”
Patrick v. Floyd Med. Ctr., 565 S.E.2d 491 (Ga. Ct. App. 2002). “The Act also imposes a duty on hospitals to obtain information reported about any physician who applies for hospital privileges or employment, and to update such information every two years after hospital privileges are granted.”
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