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42 U.S.C. § 11133 (THE PUBLIC HEALTH AND WELFARE)
§ 11133. Reporting of certain professional review actions taken by health care entities
(a) Reporting by health care entities
(1) On physicians
Each health care entity which—
(A) takes a professional review action that adversely affects the clinical privileges of a physician for a period longer than 30 days;
(B) accepts the surrender of clinical privileges of a physician—
(i) while the physician is under an investigation by the entity relating to possible incompetence or improper professional conduct, or
(ii) in return for not conducting such an investigation or proceeding; or
(C) in the case of such an entity which is a professional society, takes a professional review action which adversely affects the membership of a physician in the society,
shall report to the Board of Medical Examiners, in accordance with section 11134(a) of this title, the information described in paragraph (3).
(2) Permissive reporting on other licensed health care practitioners
A health care entity may report to the Board of Medical Examiners, in accordance with section 11134(a) of this title, the information described in paragraph (3) in the case of a licensed health care practitioner who is not a physician, if the entity would be required to report such information under paragraph (1) with respect to the practitioner if the practitioner were a physician.
(3) Information to be reported
The information to be reported under this subsection is—
(A) the name of the physician or practitioner involved,
(B) a description of the acts or omissions or other reasons for the action or, if known, for the surrender, and
(C) such other information respecting the circumstances of the action or surrender as the Secretary deems appropriate.
(b) Reporting by Board of Medical Examiners
Each Board of Medical Examiners shall report, in accordance with section 11134 of this title, the information reported to it under subsection (a) of this section and known instances of a health care entity’s failure to report information under subsection (a)(1) of this section.
(c) Sanctions
(1) Health care entities
A health care entity that fails substantially to meet the requirement of subsection (a)(1) of this section shall lose the protections of section 11111(a)(1) of this title if the Secretary publishes the name of the entity under section 11111(b) of this title.
(2) Board of Medical Examiners
If, after notice of noncompliance and providing an opportunity to correct noncompliance, the Secretary determines that a Board of Medical Examiners has failed to report information in accordance with subsection (b) of this section, the Secretary shall designate another qualified entity for the reporting of information under subsection (b) of this section.
(d) References to Board of Medical Examiners
Any reference in this subchapter to a Board of Medical Examiners includes, in the case of a Board in a State that fails to meet the reporting requirements of section 11132(a) of this title or subsection (b) of this section, a reference to such other qualified entity as the Secretary designates.
(Pub. L. 99–660, title IV, § 423, Nov. 14, 1986, 100 Stat. 3789.)
42 U.S.C. § 11134 (THE PUBLIC HEALTH AND WELFARE)
§ 11134. Form of reporting
(a) Timing and form
The information required to be reported under sections 11131, 11132(a), and 11133 of this title 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 (not later than one year after November 14, 1986) specified by the Secretary.
(b) To whom reported
The information required to be reported under sections 11131, 11132(a), and 11133(b) of this title shall be reported to the Secretary, or, in the Secretary’s discretion, to an appropriate private or public agency which has made suitable arrangements with the Secretary with respect to receipt, storage, protection of confidentiality, and dissemination of the information under this subchapter.
(c) Reporting to State licensing boards
(1) Malpractice payments
Information required to be reported under section 11131 of this title shall also be reported to the appropriate State licensing board (or boards) in the State in which the medical malpractice claim arose.
(2) Reporting to other licensing boards
Information required to be reported under section 11133(b) of this title shall also be reported to the appropriate State licensing board in the State in which the health care entity is located if it is not otherwise reported to such board under subsection (b) of this section.
(Pub. L. 99–660, title IV, § 424, Nov. 14, 1986, 100 Stat. 3790.)
42 U.S.C. § 11135 (THE PUBLIC HEALTH AND WELFARE)
§ 11135. Duty of hospitals to obtain information
(a) In general
It is the duty of each hospital to request from the Secretary (or the agency designated under section 11134(b) of this title), on and after the date information is first required to be reported under section 11134(a) of this title)— 1
(1) at the time a physician or licensed health care practitioner applies to be on the medical staff (courtesy or otherwise) of, or for clinical privileges at, the hospital, information reported under this subchapter concerning the physician or practitioner, and
(2) once every 2 years information reported under this subchapter concerning any physician or such practitioner who is on the medical staff (courtesy or otherwise) of, or has been granted clinical privileges at, the hospital.
A hospital may request such information at other times.
(b) Failure to obtain information
With respect to a medical malpractice action, a hospital which does not request information respecting a physician or practitioner as required under subsection (a) of this section is presumed to have knowledge of any information reported under this subchapter to the Secretary with respect to the physician or practitioner.
(c) Reliance on information provided
Each hospital may rely upon information provided to the hospital under this chapter and shall not be held liable for such reliance in the absence of the hospital’s knowledge that the information provided was false.
(Pub. L. 99–660, title IV, § 425, Nov. 14, 1986, 100 Stat. 3790.)
42 U.S.C. § 11136 (THE PUBLIC HEALTH AND WELFARE)
§ 11136. Disclosure and correction of information
With respect to the information reported to the Secretary (or the agency designated under section 11134(b) of this title) under this subchapter respecting a physician or other licensed health care practitioner, the Secretary shall, by regulation, provide for—
(1) disclosure of the information, upon request, to the physician or practitioner, and
(2) procedures in the case of disputed accuracy of the information.
(Pub. L. 99–660, title IV, § 426, Nov. 14, 1986, 100 Stat. 3791.)
42 U.S.C. § 11152 (THE PUBLIC HEALTH AND WELFARE)
§ 11152. Reports and memoranda of understanding
(a) Annual reports to Congress
The Secretary shall report to Congress, annually during the three years after November 14, 1986, on the implementation of this chapter.
(b) Memoranda of understanding
The Secretary of Health and Human Services shall seek to enter into memoranda of understanding with the Secretary of Defense and the Administrator of Veterans’ Affairs to apply the provisions of subchapter II of this chapter to hospitals and other facilities and health care providers under the jurisdiction of the Secretary or Administrator, respectively. The Secretary shall report to Congress, not later than two years after November 14, 1986, on any such memoranda and on the cooperation among such officials in establishing such memoranda.
(c) Memorandum of understanding with Drug Enforcement Administration
The Secretary of Health and Human Services shall seek to enter into a memorandum of understanding with the Administrator of Drug Enforcement relating to providing for the reporting by the Administrator to the Secretary of information respecting physicians and other practitioners whose registration to dispense controlled substances has been suspended or revoked under section 824 of title 21. The Secretary shall report to Congress, not later than two years after November 14, 1986, on any such memorandum and on the cooperation between the Secretary and the Administrator in establishing such a memorandum.
(Pub. L. 99–660, title IV, § 432, Nov. 14, 1986, 100 Stat. 3794.)
heading: Change of Name
text: Reference to Administrator of Veterans’ Affairs deemed to refer to Secretary of Veterans Affairs pursuant to section 10 of Pub. L. 100–527, set out as a Department of Veterans Affairs Act note under section 301 of Title 38, Veterans’ Benefits.
42 U.S.C. § 11211, 11212 (THE PUBLIC HEALTH AND WELFARE)
§§ 11211, 11212. Repealed. Pub. L. 105–362, title VI, § 601(a)(2)(E), Nov. 10, 1998, 112 Stat. 3286
text: Section 11211, Pub. L. 99–660, title IX, § 911, Nov. 14, 1986, 100 Stat. 3804; Pub. L. 102–54, § 13(q)(14)(A), June 13, 1991, 105 Stat. 282; Pub. L. 102–507, § 5(2)[(a)], Oct. 24, 1992, 106 Stat. 3282; Pub. L. 103–171, § 3(b)(3), Dec. 2, 1993, 107 Stat. 1991, related to establishment of Council on Alzheimer’s Disease in the Department of Health and Human Services.
text: Section 11212, Pub. L. 99–660, title IX, § 912, Nov. 14, 1986, 100 Stat. 3804; Pub. L. 100–607, title I, § 142(c)(1)(E), Nov. 4, 1988, 102 Stat. 3057; Pub. L. 102–507, § 5(b), Oct. 24, 1992, 106 Stat. 3282, related to functions of Council on Alzheimer’s Disease.
42 U.S.C. § 11221 to 11223 (THE PUBLIC HEALTH AND WELFARE)
§§ 11221 to 11223. Omitted
heading: Codification
text: Sections 11221 to 11223, which provided for the establishment of the Advisory Panel on Alzheimer’s Disease, were omitted pursuant to section 11221(i), which provided that the Panel and all programs established under this subchapter shall terminate on Sept. 30, 1996. See section 11225 of this title.
Section 11221, Pub. L. 99–660, title IX, § 921, Nov. 14, 1986, 100 Stat. 3806; Pub. L. 102–507, § 6(a), Oct. 24, 1992, 106 Stat. 3283; Pub. L. 103–171, § 3(b)(3), Dec. 2, 1993, 107 Stat. 1991; Pub. L. 106–129, § 2(b)(2), Dec. 6, 1999, 113 Stat. 1670, established the Advisory Panel on Alzheimer’s Disease within the Department of Health and Human Services.
Section 11222, Pub. L. 99–660, title IX, § 922, Nov. 14, 1986, 100 Stat. 3807, related to the functions of Panel.
Section 11223, Pub. L. 99–660, title IX, § 923, Nov. 14, 1986, 100 Stat. 3807; Pub. L. 102–507, § 6(b), Oct. 24, 1992, 106 Stat. 3283, authorized appropriations to carry out this subchapter.
42 U.S.C. § 11231 (THE PUBLIC HEALTH AND WELFARE)
§ 11231. Transferred
text: Section, Pub. L. 99–660, title IX, § 931, Nov. 14, 1986, 100 Stat. 3807, which provided for awards for biomedical research on Alzheimer’s disease and related dementias, was redesignated section 445B of the Public Health Service Act by Pub. L. 100–607, title I, § 142(a), Nov. 4, 1988, 102 Stat. 3057, and is classified to section 285e–4 of this title.
42 U.S.C. § 11232 (THE PUBLIC HEALTH AND WELFARE)
§ 11232. Repealed. Pub. L. 100–607, title I, § 142(c)(1)(A), Nov. 4, 1988, 102 Stat. 3057
text: Section, Pub. L. 99–660, title IX, § 932, Nov. 14, 1986, 100 Stat. 3808, authorized appropriations for fiscal years 1988 through 1991 to carry out program of awards for research on Alzheimer’s disease and related dementias.
42 U.S.C. § 11241, 11242 (THE PUBLIC HEALTH AND WELFARE)
§§ 11241, 11242. Transferred
text: Section 11241, Pub. L. 99–660, title IX, § 941, Nov. 14, 1986, 100 Stat. 3808, which provided for Director of National Institute on Aging to conduct, or make grants for conduct of, research on services for individuals with Alzheimer’s disease and related dementias and their families, was redesignated section 445C of the Public Health Service Act by Pub. L. 100–607, title I, § 142(a), Nov. 4, 1988, 102 Stat. 3057, and is classified to section 285e–5 of this title.
text: Section 11242, Pub. L. 99–660, title IX, § 942, Nov. 14, 1986, 100 Stat. 3809, which provided for Director to disseminate results of such research to professional entities and the public, was redesignated section 445D of the Public Health Service Act by Pub. L. 100–607, title I, § 142(a), Nov. 4, 1988, 102 Stat. 3057, and is classified to section 285e–6 of this title.
42 U.S.C. § 11243 (THE PUBLIC HEALTH AND WELFARE)
§ 11243. Repealed. Pub. L. 100–607, title I, § 142(c)(2)(A), Nov. 4, 1988, 102 Stat. 3057
text: Section, Pub. L. 99–660, title IX, § 943, Nov. 14, 1986, 100 Stat. 3809, authorized appropriations for fiscal years 1988 through 1991 to carry out programs of National Institute on Aging in research on services for individuals with Alzheimer’s disease and related dementias and their families.
42 U.S.C. § 11252 (THE PUBLIC HEALTH AND WELFARE)
§ 11252. Dissemination
The Director of the National Institute of Mental Health shall disseminate the results of research conducted under this part to appropriate professional entities and to the public.
(Pub. L. 99–660, title IX, § 932, formerly § 945, Nov. 14, 1986, 100 Stat. 3810; renumbered § 932, Pub. L. 100–607, title I, § 142(c)(2)(B), Nov. 4, 1988, 102 Stat. 3057.)
heading: Prior Provisions
text: A prior section 932 of Pub. L. 99–660 was classified to section 11232 of this title prior to repeal by section 142(c)(1)(A) of Pub. L. 100–607.
42 U.S.C. § 11253 (THE PUBLIC HEALTH AND WELFARE)
§ 11253. Authorization of appropriations
There are authorized to be appropriated to carry out this part such sums as may be necessary for each of the fiscal years 1992 through 1996.
(Pub. L. 99–660, title IX, § 933, formerly § 946, Nov. 14, 1986, 100 Stat. 3810; renumbered § 933, Pub. L. 100–607, title I, § 142(c)(2)(B), Nov. 4, 1988, 102 Stat. 3057; Pub. L. 102–507, § 7(a)(3), Oct. 24, 1992, 106 Stat. 3284.)
heading: Amendments
text: 1992—Pub. L. 102–507 amended section generally. Prior to amendment, section read as follows: “To carry out this part, there are authorized to be appropriated $2,000,000 for each of fiscal years 1988 through 1991.”
42 U.S.C. § 11262 (THE PUBLIC HEALTH AND WELFARE)
§ 11262. Dissemination
The Director of the National Center for Health Services Research and Health Care Technology Assessment shall disseminate the results of research conducted under this part to appropriate professional entities and to the public.
(Pub. L. 99–660, title IX, § 935, formerly § 948, Nov. 14, 1986, 100 Stat. 3812; renumbered § 935, Pub. L. 100–607, title I, § 142(c)(2)(B), Nov. 4, 1988, 102 Stat. 3057.)
42 U.S.C. § 11263 (THE PUBLIC HEALTH AND WELFARE)
§ 11263. Authorization of appropriations
There are authorized to be appropriated to carry out this part such sums as may be necessary for each of the fiscal years 1992 through 1996.
(Pub. L. 99–660, title IX, § 936, formerly § 949, Nov. 14, 1986, 100 Stat. 3812; renumbered § 936, Pub. L. 100–607, title I, § 142(c)(2)(B), Nov. 4, 1988, 102 Stat. 3057; Pub. L. 102–507, § 7(b)(2), Oct. 24, 1992, 106 Stat. 3286.)
heading: Amendments
text: 1992—Pub. L. 102–507 amended section generally. Prior to amendment, section read as follows: “To carry out this part, there are authorized to be appropriated $2,000,000 for each of fiscal years 1988 through 1991.”
42 U.S.C. § 11271 (THE PUBLIC HEALTH AND WELFARE)
§ 11271. Research program and plan
(a) Grants for research
The Administrator of the Centers for Medicare & Medicaid Services shall conduct, or make grants for the conduct of, research relevant to appropriate services for individuals with Alzheimer’s disease and related dementias and their families.
(b) Preparation of plan; contents; revision
(1) Within 6 months after November 14, 1986, the Administrator of the Centers for Medicare & Medicaid Services shall prepare and transmit to the Chairman of the Council a plan for research to be conducted under (a) 1 of this section. The plan shall—
(A) provide for a determination of the types of services required by individuals with Alzheimer’s disease and related dementias and their families to allow such individuals to remain living at home or in a community-based setting;
(B) provide for a determination of the costs of providing needed services to individuals with Alzheimer’s disease and related dementias and their families, including the expenditures for institutional, home, and community-based services and the source of payment for such expenditures;
(C) provide for an assessment of the adequacy of benefits provided through the Medicare and Medicaid programs and through private health insurance for needed services for individuals with Alzheimer’s disease and related dementias and their families; and
(D) provide for a determination of the costs to the Medicare and Medicaid programs and to private health insurers (if available) of providing covered benefits to individuals with Alzheimer’s disease and related dementias and their families.
(2) Within one year after transmitting the plan required under paragraph (1), and annually thereafter, the Administrator of the Centers for Medicare & Medicaid Services shall prepare and transmit to the Chairman of the Council such revisions of such plan as the Administrator considers appropriate.
(c) Consultation for preparation and revision of plan
In preparing and revising the plan required by subsection (b) of this section, the Administrator of the Centers for Medicare & Medicaid Services shall consult with the Chairman of the Council and the heads of agencies within the Department.
(Pub. L. 99–660, title IX, § 937, formerly § 949A, Nov. 14, 1986, 100 Stat. 3812; renumbered § 937, Pub. L. 100–607, title I, § 142(c)(2)(B), Nov. 4, 1988, 102 Stat. 3057; amended Pub. L. 108–173, title IX, § 900(e)(5)(B), Dec. 8, 2003, 117 Stat. 2373.)
heading: Amendments
text: 2003—Subsec. (a). Pub. L. 108–173, § 900(e)(5)(B)(i), substituted “Centers for Medicare & Medicaid Services” for “National Health Care Financing Administration”.
Subsec. (b)(1). Pub. L. 108–173, § 900(e)(5)(B)(ii), substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration” in introductory provisions.
Subsecs. (b)(2), (c). Pub. L. 108–173, § 900(e)(5)(B)(iii), (iv), substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration”.
42 U.S.C. § 11272 (THE PUBLIC HEALTH AND WELFARE)
§ 11272. Dissemination
The Administrator of the Centers for Medicare & Medicaid Services shall disseminate the results of research conducted under this part to appropriate professional entities and to the public.
(Pub. L. 99–660, title IX, § 938, formerly § 949B, Nov. 14, 1986, 100 Stat. 3812; renumbered § 938, Pub. L. 100–607, title I, § 142(c)(2)(B), Nov. 4, 1988, 102 Stat. 3057; amended Pub. L. 108–173, title IX, § 900(e)(5)(C), Dec. 8, 2003, 117 Stat. 2373.)
heading: Amendments
text: 2003—Pub. L. 108–173 substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration”.
42 U.S.C. § 11273 (THE PUBLIC HEALTH AND WELFARE)
§ 11273. Authorization of appropriations
To carry out this part, there are authorized to be appropriated $2,000,000 for each of fiscal years 1988 through 1991.
(Pub. L. 99–660, title IX, § 939, formerly § 949C, Nov. 14, 1986, 100 Stat. 3813; renumbered § 939, Pub. L. 100–607, title I, § 142(c)(2)(B), Nov. 4, 1988, 102 Stat. 3057.)
42 U.S.C. § 11281, 11282 (THE PUBLIC HEALTH AND WELFARE)
§§ 11281, 11282. Transferred
text: Section 11281, Pub. L. 99–660, title IX, § 951, Nov. 14, 1986, 100 Stat. 3813, which provided for establishment of Clearinghouse on Alzheimer’s Disease, was renumbered section 445E of the Public Health Service Act by Pub. L. 100–607, title I, § 142(a), Nov. 4, 1988, 102 Stat. 3057, and is classified to section 285e–7 of this title.
text: Section 11282, Pub. L. 99–660, title IX, § 952, Nov. 14, 1986, 100 Stat. 3813, which provided for dissemination project to be conducted by national organization representing individuals with Alzheimer’s disease and related dementias, was renumbered section 445F of the Public Health Service Act by Pub. L. 100–607, title I, § 142(a), Nov. 4, 1988, 102 Stat. 3057, and is classified to section 285e–8 of this title.
42 U.S.C. § 11283 (THE PUBLIC HEALTH AND WELFARE)
§ 11283. Repealed. Pub. L. 100–607, title I, § 142(c)(1)(A), Nov. 4, 1988, 102 Stat. 3057
text: Section, Pub. L. 99–660, title IX, § 953, Nov. 14, 1986, 100 Stat. 3814, authorized appropriations for fiscal years 1988 through 1991 to carry out program of dissemination of information on Alzheimer’s disease.
42 U.S.C. § 11291 (THE PUBLIC HEALTH AND WELFARE)
§ 11291. Providing information for personnel of Social Security Administration
(a) The Secretary shall develop a mechanism to ensure the prompt provision of the most current information concerning Alzheimer’s disease and related dementias to the Commissioner of Social Security, particularly information which will increase the understanding of personnel of the Social Security Administration concerning such disease and dementias.
(b) The Commissioner of Social Security shall ensure that information received under subsection (a) of this section is provided to personnel of the Social Security Administration, particularly personnel involved in the process of determining, for purposes of titles II and XVI of the Social Security Act [42 U.S.C. 401 et seq., 1381 et seq.], whether an individual is under a disability.
(Pub. L. 99–660, title IX, § 961, Nov. 14, 1986, 100 Stat. 3814.)
heading: References in Text
text: The Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles II and XVI of the Social Security Act are classified generally to subchapters II (§ 401 et seq.) and XVI (§ 1381 et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.
42 U.S.C. § 11293 (THE PUBLIC HEALTH AND WELFARE)
§ 11293. Education programs for safety and transportation personnel
The Director of the National Institute on Aging, through centers supported under section 285e–2 of this title, training academies, and continuing education programs, shall conduct education and information dissemination activities concerning Alzheimer’s disease and related dementias for personnel involved in ensuring the public safety and providing public transportation. Such activities shall be designed to enhance the ability of such personnel to respond appropriately to individuals with Alzheimer’s disease and related dementias whom such personnel may encounter in the course of their employment.
(Pub. L. 99–660, title IX, § 963, Nov. 14, 1986, 100 Stat. 3815.)
42 U.S.C. § 11294 (THE PUBLIC HEALTH AND WELFARE)
§ 11294. Authorization of appropriations
(a) To carry out sections 11291 and 11293 of this title, there are authorized to be appropriated $1,000,000 for each of the fiscal years 1988 through 1991.
(b) There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1992 through 1996, to carry out section 11292 of this title.
(Pub. L. 99–660, title IX, § 964, Nov. 14, 1986, 100 Stat. 3815; Pub. L. 102–507, § 8(b), Oct. 24, 1992, 106 Stat. 3287.)
heading: Amendments
text: 1992—Pub. L. 102–507 designated existing provisions as subsec. (a), substituted “sections 11291 and 11293 of this title” for “this subchapter”, and added subsec. (b).