Page:United States Statutes at Large Volume 106 Part 4.djvu/534

 106 STAT. 3270 PUBLIC LAW 102-501—OCT. 24, 1992 employee, or contractor of an entity described in subsection (g)(4) shall not be deemed to be an employee of the Public Health Service for purposes of this section, if treating such individual as such an employee would expose the Government to an unreasonably high degree of risk of loss because such individual— "(A) does not comply with the policies and procedures that the entity has implemented pursuant to subsection (h)(D; "(B) has a history of claims filed against him or her as {>rovided for under this section that is outside the norm for icensed or certified health care practitioners within the same specialty; "(C) refused to reasonably cooperate with the Attorney General in defending against any such claim; "(D) provided false information relevant to the individual's performance of his or her duties to the Secretary, the Attorney General, or an applicant for or recipient of funds under this Act; or "(E) was the subject of disciplinary action taken by a State medical licensing authority or a State or national professional society. "(2) A final determination by the Attorney General under this subsection that an individual physician or other licensed or certified health care professional shall not be deemed to be an employee of the Public Health Service shall be effective upon receipt by the entity employing such individual of notice of such determination, and shall apply only to acts or omissions occurring after the date such notice is received.". SEC. 3. HOSPITAL ADMimNG PRIVILEGES FOR CERTAIN HEALTH CARE PROVIDERS. Section 224 of the Public Health Service Act, as amended by section 2, is further amended by adding at the end the following new subsection: "(j) In the case of a health care provider who is an officer, employee, or contractor of an entity described in subsection (g)(4), section 335(e) shall apply with respect to the provider to the same extent and in the same manner as such section applies to any member of the National Health Service Corps.". SEC. 4. PAYMENT OF JUDGMENTS. Section 224 of the Public Health Service Act, as amended by sections 2 and 3, is further amended by adding at the end the following new subsection: "(k)(l)(A) For each of the fiscal years 1993, 1994, and 1995, the Attorney General, in consultation with the Secretary, shall estimate by the beginning of the year (except that an estimate shall be made for fiscal year 1993 by December 31, 1992, subject to an adjustment within 90 days thereafter) the amount of all claims which are expected to arise under this section (together with related fees and expenses of witnesses) for which payment is expected to be made in accordance with section 1346 and chapter 171 of title 28, United States Code, from the acts or omissions, during the calendar year that begins during that fiscal year, of entities described in subsection (g)(4) and of officers, employees, or contractors (subject to subsection (g)(5)) of such entities. "(B) The estimate under subparagraph (A) shall take into account—

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