Page:United States Statutes at Large Volume 110 Part 3.djvu/280

 110 STAT. 2010 PUBLIC LAW 104-191—AUG. 21, 1996 "(4) TIMING AND FORM OF REPORTING.— The information required to be reported under this subsection 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 specified by the Secretary. "(5) TO WHOM REPORTED. —The information required to be reported under this subsection shall be reported to the Secretary. "(c) DISCLOSURE AND CORRECTION OF INFORMATION. — "(1) DISCLOSURE. —With respect to the information about final adverse actions (not including settlements in which no findings of liability have been made) reported to the Secretary under this section with respect to a health care provider, supplier, or practitioner, the Secretary shall, by regulation, provide for— "(A) disclosure of the information, upon request, to the health care provider, supplier, or licensed practitioner, and "(B) procedures in the case of disputed accuracy of the information. "(2) CORRECTIONS.— Each Government agency and health plan shall report corrections of information already reported about any final adverse action taken against a health care provider, supplier, or practitioner, in such form and manner that the Secretary prescribes by regulation. "(d) ACCESS TO REPORTED INFORMATION.— "(1) AVAILABILITY. — The information in the database maintained under this section shall be available to Federal and State government agencies and health plans pursuant to procedures that the Secretary shall provide by regulation. " (2) FEES FOR DISCLOSURE.—The Secretary may establish or approve reasonable fees for the disclosure of information in such database (other than with respect to requests by Federal agencies). The amount of such a fee shall be sufficient to recover the full costs of operating the database. Such fees shall be available to the Secretary or, in the Secretary's discretion to the agency designated under this section to cover such costs. "(e) PROTECTION FROM LIABILITY FOR REPORTING.— No person or entity, including the agency designated by the Secretary in subsection (b)(5) shall be held liable in any civil action with respect to any report made as required by this section, without knowledge of the falsity of the information contained in the report. " (f) COORDINATION WITH NATIONAL PRACTITIONER DATA BANK.—The Secretary shall implement this section in such a manner as to avoid duplication with the reporting requirements established for the National Practitioner Data Bank under the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11101 et seq.). "(g) DEFINITIONS AND SPECL\L RULES. —For purposes of this section: "(1) FINAL ADVERSE ACTION.— "(A) IN GENERAL.—The term 'final adverse action' includes: "(i) Civil judgments against a health care provider, supplier, or practitioner in Federal or State court related to the delivery of a health care item or service.

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