Page:United States Statutes at Large Volume 100 Part 5.djvu/318

 100 STAT. 3792 42 USC

1320a-7a.

PUBLIC LAW 99-660—NOV. 14, 1986

Social Security Act are imposed and collected under that section. (3) USE OF INFORMATION.—Subject to paragraph (1), information provided under section 425 and subsection (a) is intended to be used solely with respect to activities in the furtherance of the quality of health care. (c) RELIEF FROM LIABILITY FOR REPORTING.—No person or entity shall be held liable in any civil action with respect to any report made under this part without knowledge of the falsity of the information contained in the report. (d) INTERPRETATION OF INFORMATION.—In interpreting information reported under this part, a payment in settlement of a medical malpractice action or claim shall not be construed as creating a presumption that medical malpractice has occurred. ..„ PART C—DEFINITIONS AND REPORTS

42 USC 11151.

SEC. 431. DEFINITIONS.

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In this title: (1) The term "adversely affecting" includes reducing, restrictrfvi• ^ ' ^ ing, suspending, revoking, denying, or feiiling to renew clinical privileges or membership in a health care entitjjr. (2) The term "Board of Medical Examiners' includes a body comparable to such a Board (as determined by the State) with responsibility for the licensing of physicians and also includes a subdivision of such a Board or bodv. (3) The term "clinical privileges' includes privileges, membership on the medical staff, and the other circumstances pertaining to the furnishing of medical care under which a physician or other licensed health care practitioner is permitted to furnish such care by a health care entity. (4)(A) The term "health care entity" means— (i) a hospital that is licensied to provide health care s'JiisnSklnJBm services by the State in which it is located, (ii) an entity (including a health maintenance organization or group medical practice) that provides health care services and that follows a formal peer review process for the purpose of furthering quality health care (as determined under regulations of the Secretary), and ^1! (jij) subject to subparagraph (B), a professional society (or committee thereof) of physicians or other licensed health care practitioners that follows a formal peer review process Si t*r««r £QJ. ^j^g purpose of furthering quality health care (as determined under regulations of the Secretary). (B) The term "health care entity" does not include a professional society (or committee thereof) if, within the previous 5 years, the society has been found by the Federal Trade Commission or any court to have engaged in any anti-competitive practice which had the effect of restricting the practice of «-^' t licensed health care practitioners. (5) The term "hospital" means an entity described in para42 USC I395x. graphs (1) and (7) of section 1861(e) of the Social Security Act. (6) The terms "licensed health care practitioner" and "practitioner" mean, with respect to a State, an individual (other than a physician) who is licensed or otherwise authorized by the c»ri J State to provide health care services.

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