Page:United States Statutes at Large Volume 100 Part 5.djvu/311

 PUBLIC LAW 99-660—NOV. 14, 1986

100 STAT. 3785

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 General of a State from bringing an action, including an action under section 4C of the Clayton Act, 15 U.S.C. 15C, where such an action is otherwise authorized.

S.{3J3ff{*I

(2) PROTECTION FOR THOSE PROVIDING INFORMATION TO PROFES- Phsrsicians. SIONAL REVIEW BODIES.—Notwithstanding any other provision of

law, no person (whether as a witness or otherwise) providing information to a professional review body regarding the competence or professional conduct of a physician shall be held, by reason of having provided such information, to be liable in damages under any law of the United States or of any State (or political subdivision thereof) unless such information is false and the person providing it knew that such information was false. (b) EXCEPTION.—If the Secretary has reason to believe that a health care entity has failed to report information in accordance with section 423(a), the Secretary shall conduct an investigation. If, after providing notice of noncompliance, an opportunity to correct the noncompliance, and an opportunity for a hearing, the Secretary determines that a health care entity has failed substantially to report information in accordance with section 423(a), the Secretary shall publish the name of the entity in the Federal Register. The protections of subsection (a)(1) shall not apply to an entity the name of which is published in the Federal Register under the previous sentence with respect to professional review actions of the entity commenced during the 3-year period beginning 30 days after the date of publication of the name.

Federal Register, publication.

(c) TREATMENT UNDER STATE LAWS.— (1) PROFESSIONAL REVIEW ACTIONS TAKEN ON OR AFTER OCTO-

BER 14, 1989.—Except as provided in paragraph (2), subsection (a) shall apply to State laws in a State only for professional 1^!. review actions commenced on or after October 14, 1989. (2) EXCEPTIONS.— »fl

91,1

IT,

(A) STATE EARLY OPT-IN.—Subsection (a) shall apply to

State laws in a State for actions commenced before October 14, 1989, if the State by legislation elects such treatment. (B) STATE OPT-OUT.—Subsection (a) shall not apply to State laws in a State for actions commenced on or after October 14, 1989, if the State by legislation elects such treatment. (C) EFFECTIVE DATE O F ELECTION.—An election under State law is not effective, for purposes of subparagraph s (A) and (B), for actions commenced before the effective date of the State law, which may not be earlier than the date of the enactment of that law.

SEC. 412. STANDARDS FOR PROFESSIONAL REVIEW ACTIONS.

(a) IN GENERAL.—For purposes of the protection set forth in section 411(a), a professional review action must be taken—

42 USC 11112.

�