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 Com-
mittee on Energy and Commerce 
A BILL 
To amend the Health Care Quality Improvement Act of 
1986 to prohibit health care entities from reporting cer-
tain professional review actions against health care pro-
fessionals before adequate notice and hearing procedures 
are afforded to such professionals, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Health Care Profes-
sionals Protection Act of 2011’’. 
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SEC. 2. ADEQUATE NOTICE AND HEARING REQUIRED BE-
FORE 
REPORTING 
OF 
CERTAIN 
PROFES-
SIONAL REVIEW ACTIONS TAKEN BY HEALTH 
CARE ENTITIES. 
(a) IN GENERAL.—Section 423(a) of the Health Care 
Quality Improvement Act of 1986 (42 U.S.C. 11133(a)) 
is amended— 
(1) in paragraph (1), by adding at the end the 
following new sentence: ‘‘In no case may a health 
care entity submit a report under this paragraph, 
with respect to a professional review action described 
in subparagraph (A) that adversely affects the clin-
ical privileges of a physician or with respect to the 
surrender of clinical privileges of a physician de-
scribed in subparagraph (B) while the physician is 
under an investigation, before adequate notice of 
and hearing procedures for such action and inves-
tigation are afforded to the physician in accordance 
with subsections (a)(3) and (b) of section 412, or 
such other procedures as are fair to the physician 
(as described in such subsection (a)(3)). The second 
sentence of section 412(a) shall apply with respect 
to the adequate notice and procedures required for 
purposes of the previous sentence of this paragraph 
(including as applied under paragraph (2)) in the 
same manner that such second sentence applies to 
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the standards described in such section 412(a) nec-
essary for the protection set out in section 411(a).’’; 
and 
(2) in paragraph (2), by inserting before the pe-
riod the following: ‘‘and, in the case of a report pur-
suant to paragraph (1)(A), if the entity would not 
be in violation of the second sentence of paragraph 
(1) if the practitioner were a physician’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to professional review actions 
commenced and clinical privileges surrendered on or after 
the date of the enactment of this Act. 
SEC. 3. REQUIRING TIMELY PROVISION OF COPIES OF EVI-
DENCE AS STANDARD FOR PROFESSIONAL 
REVIEW ACTIONS TO WHICH LIMITED LIABIL-
ITY APPLIES. 
(a) IN GENERAL.—Section 412(b)(2) of such Act (42 
U.S.C. 11112(b)(2)) is amended by adding at the end the 
following new sentence: 
‘‘Notice provided to a physician pursuant to this 
paragraph shall include copies of all evidence ex-
pected to be offered against the physician at the 
hearing.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to professional review actions 
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proposed on or after the date of the enactment of this 
Act. 
Æ 
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