Page:United States Statutes at Large Volume 106 Part 4.djvu/533

 PUBLIC LAW 102-501—OCT. 24, 1992 106 STAT. 3269 "(D) Section 340A (relating to grants for health services for residents of public housing). "(5) For purposes of paragraph (1), an individual may be considered a contractor of an entity described in paragraph (4) only if— "(A) the individual normally performs on average at least 32V2 hours of service per week tor the entity for the period of the contract; or "(B) in the case of an individual who normally performs on average less than 32V2 hours of services per week for the entity for the period of the contract and is a licensed or certified provider of obstetrical services— " (i) the indiviidual's medical malpractice Uability insurance coverage does not extend to services performed by the individual for the entity under the contract, or "(ii) the Secretary finds that patients to whom the entity furnishes services will be deprived of obstetrical services if such individual is not considered a contractor of the entity for purposes of paragraph (1).". (b) REQUIREMENT OF APPROPRIATE POUCIES AND PROCEDURES REGARDING HEALTH CARE: PROFESSIONALS. —Section 224 of the Public Health Service Act, as amended by subsection (a), is further amended by adding at the end the following new subsection: "(h) Notwithstanding subsection (g)(D, the Secretary, in consultation with the Attorney General, may not deem an entity described in subsection (g)(4) to be an employee of the Public Health Service Act for purposes of this section unless the entity— ''(I) has implemented appropriate policies and procedures to reduce the risk of malpractice and the risk of lawsuits arising out of any health or health-related functions performed by the, entity; "(2) has reviewed and verified the professional credentials, references, claims history, fitness, professional review organization findings, and license stetiis of its physicians and other licensed or certified health care practitioners, and, where necessary, has obtoined the permission from these individuals to gain access to this information; "(3) has no history of claims having been filed against the United States as a result of the application of this section to the entity or its officers, employees, or contractors as provided for under this section, or, if such a history exists, has fully cooperated with the Attorney General in defending against any such claims and either has taken, or will teke, any necessary corrective steps to assure against such claims m the future; and "(4) has fully cooperated with the Attorney General in providing information relating to an estimate described under subsection (k).". (c) AUTHORIZATION FOR THE ATTORNEY GENERAL TO EXCLUDE CERTAIN HEALTH CARE PROFESSIONALS FROM COVERAGE. —Section 224 of the Public Health Service Act, as amended by subsections (a) and (b), is further amended by adding at the end the following new subsection: "(i)(1) Notwithstanding subsection (g)(D, the Attorney General, in consultation with the Secretary, may determine, after notice and opportunity for a hearing, that an individual physician or other licensed or certified health care practitioner who is an officer.

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