Page:United States Statutes at Large Volume 91.djvu/1224

 91 STAT. 1190

Patient records, nondisclosure.

42 USC

1320C-15.

Payment.

42 USC

1320C-16.

42 USC 1320C-4.

42 USC 1320C-17.

Annual report to Congress. Ante, p. 1186.

PUBLIC LAW 95-142—OCT. 25, 1977 The penalty provided in subsection (c) shall not apply to the disclosure of any data and information received under this subsection, except that such penalty shall apply to the disclosure (by the agency receiving such data and information) of any such data and information described in paragraph (1) unless such disclosure is made in a judicial, administrative, or other formal legal proceeding resulting from an investigation conducted by the agency receiving the data and information."; and (5) by inserting after subsection (c) (as so redesignated) the following new subsection: "(d) No patient record in the possession of a Professional Standards Review Organization, a Statewide Professional Standards Review Council, or the National Professional Standards Review Council shall be subject to subpena or discovery proceedings in a civil action.". (i) Section 1167 of such Act is amended by adding the following new subsection at the end thereof: "(d) The Secretary shall make payment to a Professional Standards Review Organization, whether conditionally designated or qualified, or to any member or employee thereof, or to any person who furnishes legal counsel or services to such organization, in an amount equal to the reasonable amount of the expenses incurred, as determined by the Secretary, in connection with the defense of any suit, action, or proceeding brought against such organization, member, or employee related to the performance of any duty or function of such organization, member, or employee (as described in section 1155).". (j) Section 1168 of such Act is amended by adding at the end thereof the following new sentence: "The Secretary shall make payments to Professional Standards Review Organizations (whether designated on a conditional basis or otherwise) from funds described in the first sentence of this section (without any requirement for the contribution of funds by any State or political subdivision thereof) for expenses incurred in the performance of duties by such Orgnizations.". (k) Part B of title XT of such Act (as amended by subsection (d) (2)(D) of this section) is further amended by adding after section 1171 the following new section: ((A N N U A L

42 USC 1320C-21.

42 USC 701, 1301, 1395, 1396.

REPORTS

"SEC. 1172. The Secretary shall submit to the Congress not later than April 1, 1978, and not later than April 1 of each year thereafter, a full and complete report on the administration, impact, and cost of the program under this part during the preceding fiscal year, including data and information on— "(1) the number, status (conditional or otherwise), and service areas of, and review methodologies employed by, all Professional Standards Review Organizations participating in the program; "(2) the number of health care institutions and practitioners whose services are subject to review by Professional Standards Review Organizations, and the number of beneficiaries and recipients who received services subject to such review during such year; "(3) the imposition of penalties and sanctions under this title for violations of law and for failure to comply with the obligations imposed by this part; "(4) the total costs incurred under titles V, XI, XVIII, and X IX of this Act in the implementation and operation of all pro-

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