§11111. Professional review — Inbound Citations
42 U.S.C. § 11111
Cited by 4 provisions in release 119-102.
Citations to §11111(a)
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(a) For purposes of the protection set forth in section 11111(a) of this title, a professional review action must be taken—(1) in the reasonable belief that the action was in the furtherance of quality health care,(2) after a reasonable effort to obtain the facts of the matter,(3) after adequate notice and hearing procedures are afforded to the physician involved or after such other procedures as are fair to the physician under the circumstances, and(4) in the reasonable belief that the action was warranted by the facts known after such reasonable effort to obtain facts and after meeting the requirement of paragraph (3).A professional review action shall be presumed to have met the preceding standards necessary for the protection set out in section 11111(a) of this title unless the presumption is rebutted by a preponderance of the evidence.
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(c) For purposes of section 11111(a) of this title, nothing in this section shall be construed as—(1) requiring the procedures referred to in subsection (a)(3)—(A) where there is no adverse professional review action taken, or(B) in the case of a suspension or restriction of clinical privileges, for a period of not longer than 14 days, during which an investigation is being conducted to determine the need for a professional review action; or(2) precluding an immediate suspension or restriction of clinical privileges, subject to subsequent notice and hearing or other adequate procedures, where the failure to take such an action may result in an imminent danger to the health of any individual.
Citations to §11111(a)(1)
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(1) A health care entity that fails substantially to meet the requirement of subsection (a)(1) 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.
Citations to §11111(b)
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(1) A health care entity that fails substantially to meet the requirement of subsection (a)(1) 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.