42 U.S.C. § 11137

Miscellaneous provisions

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(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). 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) 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.

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) 11 So in original. Probably should be followed by another closing parenthesis. without knowledge of the falsity of the information contained in the report.

(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, § 427, Nov. 14, 1986, 100 Stat. 3791; Pub. L. 100–177, title IV, § 402(a), (b), Dec. 1, 1987, 101 Stat. 1007.)Editorial NotesAmendments

1987—Subsec. (b)(1). Pub. L. 100–177, § 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, § 402(b), added par. (4).

Subsec. (c). Pub. L. 100–177, § 402(a)(2), inserted “(including the agency designated under section 11134(b) of this title)” after “entity” and “(including information provided under subsection (a)” after “subchapter”.

Statutory Notes and Related SubsidiariesEffective Date of 1987 Amendment

Pub. L. 100–177, title IV, § 402(d), formerly § 402(c), Dec. 1, 1987, 101 Stat. 1007, as renumbered and amended by Pub. L. 101–239, title VI, § 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].”

Notes of Decisions

Cited in 82 cases (15 in the last 5 years), 1989–2026 · leading case: Troescher v. Grody, 869 A.2d 1014 (Pa. Super. Ct. 2005).

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Troescher v. Grody, 869 A.2d 1014 (Pa. Super. Ct. 2005). · cites it 6× “Documents created by the National Practitioner Data Bank and deemed confidential by the Health Care Quality Improvement Act, 42 U.S.C.A. § 11137 , et seq. and 45 C.FR.”

Jacksonian v. Temple Univ. Health Sys. Found., 862 A.2d 1275 (Pa. Super. Ct. 2004). · cites it 3× “Whether or not the lower court erred when it granted [Patient’s] Petition for Reconsideration of a Court Order compelling the production of documents and answers to interrog *1279 atories pertaining to the National Practitioner Data Bank when this information is privileged and…”

Robinson v. E. Carolina Univ., 329 F. Supp. 3d 156 (E.D.N.C. 2018). · cites it 4× “See 42 U.S.C. § 11137 (c). Neither the Supreme Court nor the Fourth Circuit has addressed HCQIA immunity in this context, which provides in a section entitled, "[r]elief from liability for reporting," that "[n]o person or entity .”

Klaine v. S. Illinois Hosp. Servs., 2016 IL 118217 (Ill. 2016). · cites it 4× “Specifically, SIHS maintains: (1) any references in the applications to information reported to the National Practitioner Data Bank (NPDB) must be redacted because it is privileged under section 11137 of the Health Care Quality Improvement Act of 1986 ( 42 U.S.C. § 11137 (a)…”

Linda A. Miller v. Huron Reg'l Med. Ctr., 936 F.3d 841 (8th Cir. 2019). · cites it 2× “HRMC argued, among other things, that the HCQIA immunity provision in 42 U.S.C. § 11137 (c) foreclosed liability on the defamation claim.”

Wheeler v. Methodist Hosp., 95 S.W.3d 628 (Tex. App. 2002). “See 42 U.S.C.A. § 11137 (c); Davis v. Methodist Hosp.”

West Florida Reg'l Med. Ctr., Inc. v. See, 79 So. 3d 1 (Fla. 2012). “42 U.S.C. § 11137 (b)(1). Congress also enacted the following provisions within the HCQIA concerning the HCQIA’s construction and application: Except as specifically provided in this subchapter, nothing in this subchapter shall be construed as changing the liabilities or…”

Pierson v. Orlando Reg'l Healthcare Sys., Inc., 619 F. Supp. 2d 1260 (M.D. Fla. 2009). · cites it 2× “” 42 U.S.C. § 11137 (a). Reported information is declared to be considered confidential and its disclosure is limited; penalties are provided for violations of the confidentiality and nondisclosure provisions.”

Wei v. Bodner, 127 F.R.D. 91 (D.N.J. 1989). · cites it 2× “42 U.S.C. § 11137 (b)(1). The act provides that, with some exceptions, information reported under 42 U.”

Odom v. Fairbanks Mem'l Hosp., 999 P.2d 123 (Alaska 2000). · cites it 2× “42 U.S.C. § 11137 (c) provides that "No person or entity .”

Pagano v. Oroville Hosp., 145 F.R.D. 683 (E.D. Cal. 1993). · cites it 2× “at 99 , the court explicitly found a “federal statutory peer review privilege” in 42 U.S.C. § 11137 (b)(1) of the Act. 8 The Wei court nonetheless concluded that the privilege did not apply to federal antitrust actions.”

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— 42 U.S.C. § 11137(b) — 1 case

Troescher v. Grody, 869 A.2d 1014 (Pa. Super. Ct. 2005). “Documents created by the National Practitioner Data Bank and deemed confidential by the Health Care Quality Improvement Act, 42 U.S.C.A. § 11137 , et seq. and 45 C.FR.”

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