I 

112TH CONGRESS 

1ST SESSION H. R. 2472 

To amend the Health Care Quality Improvement Act of 1986 to prohibit 

health care entities from reporting certain professional review actions 

against health care professionals before adequate notice and hearing 

procedures are afforded to such professionals, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 8, 2011 

Mr. HECK (for himself, Mr. BURGESS, Mr. GOSAR, Mr. DESJARLAIS, Mr. 

BENISHEK, Mr. HARRIS, Mr. FLEMING, Mr. PRICE of Georgia, Mr. ROE

of Tennessee, Mr. BOUSTANY, Mr. SESSIONS, Mr. BUCSHON, and Mrs. 

ELLMERS) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Health Care Quality Improvement Act of 

1986 to prohibit health care entities from reporting certain professional review actions against health care professionals before adequate notice and hearing procedures 

are afforded to such professionals, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Health Care Profes5 sionals Protection Act of 2011’’. 


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1 SEC. 2. ADEQUATE NOTICE AND HEARING REQUIRED BE2 FORE REPORTING OF CERTAIN PROFES3 SIONAL REVIEW ACTIONS TAKEN BY HEALTH 

4 CARE ENTITIES. 

5 (a) IN GENERAL.—Section 423(a) of the Health Care 

6 Quality Improvement Act of 1986 (42 U.S.C. 11133(a)) 

7 is amended— 

8 (1) in paragraph (1), by adding at the end the 

9 following new sentence: ‘‘In no case may a health 

10 care entity submit a report under this paragraph, 

11 with respect to a professional review action described 

12 in subparagraph (A) that adversely affects the clin13 ical privileges of a physician or with respect to the 

14 surrender of clinical privileges of a physician de15 scribed in subparagraph (B) while the physician is 

16 under an investigation, before adequate notice of 

17 and hearing procedures for such action and inves18 tigation are afforded to the physician in accordance 

19 with subsections (a)(3) and (b) of section 412, or 

20 such other procedures as are fair to the physician 

21 (as described in such subsection (a)(3)). The second 

22 sentence of section 412(a) shall apply with respect 

23 to the adequate notice and procedures required for 

24 purposes of the previous sentence of this paragraph 

25 (including as applied under paragraph (2)) in the 

26 same manner that such second sentence applies to 


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1 the standards described in such section 412(a) nec2 essary for the protection set out in section 411(a).’’; 

3 and 

4 (2) in paragraph (2), by inserting before the pe5 riod the following: ‘‘and, in the case of a report pur6 suant to paragraph (1)(A), if the entity would not 

7 be in violation of the second sentence of paragraph 

8 (1) if the practitioner were a physician’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 subsection (a) shall apply to professional review actions 

11 commenced and clinical privileges surrendered on or after 

12 the date of the enactment of this Act. 

13 SEC. 3. REQUIRING TIMELY PROVISION OF COPIES OF EVI14 DENCE AS STANDARD FOR PROFESSIONAL 

15 REVIEW ACTIONS TO WHICH LIMITED LIABIL16 ITY APPLIES. 

17 (a) IN GENERAL.—Section 412(b)(2) of such Act (42 

18 U.S.C. 11112(b)(2)) is amended by adding at the end the 

19 following new sentence: 

20 ‘‘Notice provided to a physician pursuant to this 

21 paragraph shall include copies of all evidence ex22 pected to be offered against the physician at the 

23 hearing.’’. 

24 (b) EFFECTIVE DATE.—The amendment made by 

25 subsection (a) shall apply to professional review actions 


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1 proposed on or after the date of the enactment of this 

2 Act. 

Æ 


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