Page:United States Statutes at Large Volume 100 Part 5.djvu/310

 100 STAT. 3784 42 USC 300aa-l note. Ante, p. 3756. Ante, p. 3758.

Claims.

Health Care Quality Improvement Act of 1986. 42 USC 11101 note.

42 USC 11101.

PUBLIC LAW 99-660—NOV. 14, 1986

SEC. 323. E F F E m V E DATE,

(a) GENERAL RULE.—Subtitle 1 of title XXI of the Public Health Service Act shall take effect on the date of the enactment of this Act and Subtitle 2 of such title and this title shall take effect on the effective date of a tax enacted after the date of the enactment of this Act to provide funds for compensation paid under such subtitle 2. (b) INSUFFICIENCY OF FUNDS,—If at any time there are insufficient funds to pay all of the claims payable under subtitle 2 of title XXI of the Public Health Service Act for 180 days, such subtitle shall cease to be in effect until sufficient funds to pay all of the claims under such subtitle become available.

TITLE IV—ENCOURAGING GOOD FAITH PROFESSIONAL REVIEW ACTIVITIES SEC. 401. SHORT TITLE.

This title may be cited as the "Health Care Quality Improvement Act of 1986". SEC. 402. FINDINGS.

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The Congress finds the following: '' (1) The increasing occurrence of medical malpractice and the t need to improve the quality of medical care have become nation£ wide 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 incom~ petent physicians to move from State to State without disclosure or discovery of the physician's previous damaging or incompetent performguice. (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 3 antitrust law, unreasonably discourages physicians from participating in effective professional peer review. 'i (5) There is an overriding national need to provide incentive and protection for physicians engaging in effective professional » peer review. PART A—PROMOTION OF PROFESSIONAL REVIEW ACTIVITIES 42 USC 11111. State and local governments.

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SEC. 411. PROFESSIONAL REVIEW. (a) IN GENERAL.— (1) LIMITATION

ON

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DAMAGES

' FOR PROFESSIONAL REVIEW

ACTIONS.—If a professional review action (as defined in section 431(9)) of a professional review body meets all the standards specified in section 412(a), except as provided in subsection (b)— (A) the professional review body, (B) any person acting as a member or staff to the body, '.- n-.'r (C) any person under a contract or other formal agreef ment with the body, and ? ^ (D) any person who participates with or assists the body with respect to the action.

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