cy employing a physician or other licensed 
health care practitioner’’; and 
(ii) by inserting ‘‘and from the appro-
priate State licensing board,’’ after ‘‘(or 
the 
agency 
designated 
under 
section 
424(b)),’’; 
(B) in paragraph (1), by inserting ‘‘or em-
ployment’’ after ‘‘clinical privileges’’; and 
(C) in paragraph (2), by inserting ‘‘or em-
ployed’’ after ‘‘clinical privileges’’; 
(3) in subsection (c), by striking ‘‘hospital’s’’ 
and inserting ‘‘the health care entity’s or agency’s’’ 
and 
(4) by adding at the end the following: 
‘‘(d) CIVIL PENALTIES.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
for the imposition of no more than $50,000 per vio-
lation for a health care entity or agency employing 
a physician or other licensed health care practitioner 
that fails to comply with this section. 
‘‘(2) REPEATED
VIOLATIONS.—The Secretary 
shall provide for civil penalties in addition to the 
amount listed in paragraph (1) for a health care en-
tity or agency employing a physician or other li-
censed health care practitioner that establishes pat-
terns of repeated violations of this section.’’. 
SEC. 5. PROFESSIONAL REVIEW. 
Section 411 of the Health Care Quality Improvement 
Act of 1986 (42 U.S.C. 11111) is amended by adding at 
the end the following: 
‘‘(d) CIVIL LIABILITY IMMUNITY FOR HEALTH CARE 
ENTITIES.— 
‘‘(1) IN GENERAL.—A health care entity that 
discloses information about a former or current em-
ployee pursuant to section 423 is immune from civil 
liability for such disclosure and its consequences un-
less it is demonstrated that the employer— 
‘‘(A) knowingly disclosed false information; 
or 
‘‘(B) violated any right of the former or 
current employee that is protected under Fed-
eral or State laws. 
‘‘(2) APPLICATION.—This subsection applies to 
any employee, agent, or other representative of the 
current or former employer who is authorized to pro-
vide and who provides information in accordance 
with section 423. 
‘‘(e) PROTECTION
OF
HEALTH
CARE
PRACTI-
TIONERS.—A health care entity shall not penalize, dis-
criminate, or retaliate in any manner with respect to em-
ployment, including discharge, promotion, compensation, 
or terms, conditions, or privileges of employment, against 
an employee who, in good faith, reports conduct that may 
be construed to violate a Federal or State law, including 
laws governing licensed health care professional practice 
standards, to a State authority, licensing authority, peer 
review organization, or employer.’’. 
SEC. 6. HEALTH CARE ENTITY; SKILLED NURSING FACIL-
ITY. 
Section 431 of the Health Care Quality Improvement 
Act of 1986 (42 U.S.C. 11151) is amended— 
(1) in paragraph (4)(i), by inserting ‘‘or skilled 
nursing facility’’ after ‘‘hospital’’; 
(2) by redesignating paragraphs (13) and (14) 
as paragraphs (14) and (15), respectively; and 
(3) by inserting after paragraph (12) the fol-
lowing: 
‘‘(13) The term ‘skilled nursing facility’ means 
an entity described in section 1819(a) of the Social 
Security Act (42 U.S.C. 1395i–3(a)).’’.
SEC. 7. SANCTIONS AGAINST AND BACKGROUND CHECKS 
OF HEALTH CARE PRACTITIONERS AND PRO-
VIDERS. 
Section 1921 of the Social Security Act (42 U.S.C. 
1396r–2) is amended— 
(1) in the section heading, by inserting ‘‘and 
Criminal Background Checks of’’ after ‘‘Against’’; 
and 
(2) in subsection (a)— 
(A) by redesignating paragraph (2) as 
paragraph (3); and 
(B) by inserting after paragraph (1) the 
following: 
‘‘(2) INFORMATION
CONCERNING
CRIMINAL 
BACKGROUND OF LICENSED HEALTH CARE PRACTI-
TIONERS.—The State shall have in effect a system 
of reporting criminal background information on li-
censed health care practitioners to the agency des-
ignated under section 424(b) of the Health Care 
Quality Improvement Act of 1986 (42 U.S.C. 
11134(b)).’’. 
SEC. 8. DATE OF IMPLEMENTATION. 
The Secretary of Health and Human Services shall, 
through the promulgation of appropriate regulations, im-
plement the provisions of this Act within 1 year after the 
date of enactment of this Act. 
Æ