Page:United States Statutes at Large Volume 100 Part 5.djvu/314

 100 STAT. 3788

PUBLIC LAW 99-660—NOV. 14, 1986

fl>) SCOPE OF CLINICAL PRIVILEGES.—Nothing in this part shall be construed as requiring health care entities to provide clinical privileges to any or all classes or types of physicians or other licensed health care practitioners.

Physicians. Nurses.

State and local governments.

State and local governments. Physicians. Hospitals.

42 USC 11111 note.

Claims. Physicians. Nurses. Hospitals. 42 USC 11131. Insurance. Reports.

(c) TREATMENT OF NURSES AND OTHER PRACTITIONERS.—Nothing in

this part shall be construed as affecting, or modifying any provision of Federal or State law, with respect to activities of professional review bodies regarding nurses, other licensed health care practitioners, or other health professionals who are not physicians. (d) TREATMENT OF PATIENT MALPRACTICE CLAIMS.—Nothing in this title shall be construed as affecting in any manner the rights and remedies afforded patients under any provision of Federal or State law to seek redress for any harm or injury suffered as a result of negligent treatment or care by any ph)^ician, health care practitioner, or health care entity, or as limiting any defenses or immunities available to any physician, health care practitioner, or health care entity. SEC. 416. EFFECTIVE DATE.

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This part shall apply to professional review actions commenced on or after the date of the enactment of this Act. PART B—REPORTING OF INFORMATION SEC. 421. REQUIRING REPORTS ON MEDICAL MALPRACTICE PAYMENTS.

(a) IN GENERAL.—Each entity (including an insurance company) which makes pa}anent under a policy of insurance, self-insurance, or otherwise in settlement (or partial settlement) of, or in satisfaction of a judgment in, a medical malpractice action or claim shall report, in accordance with section 424, information respecting the pa3anent and circumstances thereof. (b) INFORMATION TO B E REPORTED.—The information

Ante. p. 2003.

to be

reported under subsection (a) includes— (1) the name of any physician or licensed health care practitioner for whose benefit the payment is made^ (2) the amount of the payment, (3) the name (if known) of any hospital with which the physician or practitioner is affiliated or associated, (4) a description of the acts or omissions and injuries or illnesses upon which the action or claim was based, and (5) such other information as the Secretary determines is required for appropriate interpretation of information reported under this section. (c) SANCTIONS FOR FAILURE TO REPORT.—Any entity that fails to report information on a payment required to be reported under this section shall be subject to a civil money penalty of not more than $10,000 for each such payment involved. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1128A of the Social Security Act are imposed and collected under that section. (d) REPORT ON TREATMENT OF SMALL PAYMENTS.—The Secretary

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shall study and report to Congress, not later than two years after the date of the enactment of this Act, on whether information respecting small payments should continue to be required to be reported under subsection (a) and whether information respecting all claims made concerning a medical malpractice action should be required to be reported under such subsection.

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