Page:United States Statutes at Large Volume 100 Part 5.djvu/316

 100 STAT. 3790

PUBLIC LAW 99-660—NOV. 14, 1986 •

(A) the name of the physician or practitioner involved, (B) a description of the acts or omissions or other reasons for the action or, if known, for the surrender, and .,.K (C) such other information respecting the circumstances of the action or surrender as the Secretary deems appropriate. (b) REPORTING BY BOARD OF MEDICAL EXAMINERS.—Each Board of Medical Examiners shall report, in accordance with section 424, the information reported to it under subsection (a) and known instances of a health care entity's failure to report information under subsection (a)(D. (c) SANCTIONS.— (1) HEALTH CARE ENTITIES.—A health care entity that fails

t 3 6c f g State and local governments.

42 USC 11134.

substantially to meet the requirement of subsection (a)(1) shall lose the protections of section 411(a)(l) if the Secretary publishes the name of the entity under section 4110b). (2) BOARD OF MEDICAL EXAMINERS.—If, after notice of noncompliance and providing an opportunity to correct noncompliance, the Secretary determines that a Board of Medical Examiners has failed to report information in accordance with subsection (b), the Secretary shall designate another qualified entity for the reporting of information under subsection (b). (d) REFERENCES TO BOARD OF MEDICAL EXAMINERS.—Any reference

in this part to a Board of Medical Examiners includes, in the case of a Board in a State that fails to meet the reporting requirements of section 422(a) or subsection (b), a reference to such other qualified entity as the Secretary designates. .,„,, _ SEC. 424. FORM OF REPORTING.

(a) TIMING AND FORM.—The information required to be reported under sections 421, 422(a), and 423 shall be reported regularly (but not less often than monthly) and in such form and manner as the Secretary prescribes. Such information shall first be required to be reported on a date (not later than one year after the date of the enactment of this Act) specified by the Secretary. Classified information.

(b) To WHOM REPORTED.—The information required to be reported

under sections 421, 422(a), and 423(b) shall be reported to the Secretary, or, in the Secretary's discretion, to an appropriate private or public agency which has made suitable arrangements with the Secretary with respect to receipt, storage, protection of confidentiality, and dissemination of the information under this part. (c) REPORTING TO STATE LICENSING BOARDS.— (1) MALPRACTICE PAYMENTS.—Information

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required

to be

reported under section 421 shall also be reported to the appropriate State licensing board (or boards) in the State in which the medical malpractice claim arose. (2) REPORTING TO OTHER LICENSING

BOARDS.—Information

required to be reported under section 423(b) shall also be reported to the appropriate State licensing board in the State in which the health care entity is located if it is not otherwise reported to such board under subsection (b). 42 USC 11135.

SEC. 425. DUTY OF HOSPITALS TO OBTAIN INFORMATION.

(a) IN GENERAL.—It is the duty of each hospital to request from the Secretary (or the agency designated under section 424(b)), on and after the date information is first required to be reported under section 424(a))—

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