--- kind: "section" citation: "42 U.S.C. § 11137" title: "42" title_heading: "The Public Health and Welfare" number: "11137" heading: "Miscellaneous provisions" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/11137" units: - "Chapter 117 — Encouraging Good Faith Professional Review Activities" - "Subchapter II — Reporting of Information" --- # §11137. Miscellaneous provisions - (a) **Providing licensing boards and other health care entities with access to information—** The [Secretary](/usc/42/11151.md?p=12) (or the [agency](/usc/42/8262.md?p=1) designated under [section 11134(b) of this title](/usc/42/11134.md?p=b)) shall, upon request, provide information reported under this subchapter with respect to a [physician](/usc/42/11151.md?p=8) or other [licensed health care practitioner](/usc/42/11151.md?p=6) to [State licensing boards](/usc/42/11151.md?p=14), to [hospitals](/usc/42/11151.md?p=5), and to other [health care entities](/usc/42/11151.md?p=4-A) (including health maintenance organizations) that have entered (or may be entering) into an employment or affiliation relationship with the [physician](/usc/42/11151.md?p=8) or [practitioner](/usc/42/11151.md?p=6) or to which the [physician](/usc/42/11151.md?p=8) or [practitioner](/usc/42/11151.md?p=6) has applied for [clinical privileges](/usc/42/11151.md?p=3) or appointment to the medical staff. - (b) **Confidentiality of information—** - (1) **In general—** Information reported under this subchapter is considered confidential and shall not be disclosed (other than to the [physician](/usc/42/11151.md?p=8) or [practitioner](/usc/42/11151.md?p=6) involved) except with respect to [professional review activity](/usc/42/11151.md?p=10), as necessary to carry out subsections (b) and (c) of [section 11135 of this title](/usc/42/11135.md) (as specified in regulations by the [Secretary](/usc/42/11151.md?p=12)), or in accordance with regulations of the [Secretary](/usc/42/11151.md?p=12) promulgated pursuant to [subsection (a)](#a). Nothing in this subsection shall prevent the disclosure of such information by a party which is otherwise authorized, under applicable [State](/usc/42/11151.md?p=13) law, to make such disclosure. Information reported under this subchapter that is in a form that does not permit the identification of any particular [health care entity](/usc/42/11151.md?p=4-A), [physician](/usc/42/11151.md?p=8), other health care [practitioner](/usc/42/11151.md?p=6), or patient shall not be considered confidential. The [Secretary](/usc/42/11151.md?p=12) (or the [agency](/usc/42/8262.md?p=1) designated under [section 11134(b) of this title](/usc/42/11134.md?p=b)), on application by any person, shall prepare such information in such form and shall disclose such information in such form. - (2) **Penalty for violations—** Any person who violates [paragraph (1)](#b-1) shall be subject to a civil money penalty of not more than $10,000 for each such [violation](/usc/42/2000e–16a.md?p=c) involved. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of [section 1320a–7a of this title](/usc/42/1320a–7a.md) are imposed and collected under that section. - (3) **Use of information—** Subject to [paragraph (1)](#b-1), information provided under [section 11135 of this title](/usc/42/11135.md) and [subsection (a)](#a) is intended to be used solely with respect to activities in the furtherance of the quality of health care. - (4) **Fees—** The [Secretary](/usc/42/11151.md?p=12) may establish or approve reasonable fees for the disclosure of information under this section or [section 11136 of this title](/usc/42/11136.md). The amount of such a fee may not exceed the costs of processing the requests for disclosure and of providing such information. Such fees shall be available to the [Secretary](/usc/42/11151.md?p=12) (or, in the [Secretary](/usc/42/11151.md?p=12)’s discretion, to the [agency](/usc/42/8262.md?p=1) designated under [section 11134(b) of this title](/usc/42/11134.md?p=b)) to cover such costs. - (c) **Relief from liability for reporting—** No person or entity (including the [agency](/usc/42/8262.md?p=1) designated under [section 11134(b) of this title](/usc/42/11134.md?p=b)) shall be held liable in any civil action with respect to any report made under this subchapter (including information provided under [subsection (a)](#a)[^1] without knowledge of the falsity of the information contained in the report. - (d) **Interpretation of information—** In interpreting information reported under this subchapter, a payment in settlement of a [medical malpractice action or claim](/usc/42/11151.md?p=7) shall not be construed as creating a presumption that medical malpractice has occurred. ## Footnotes [^1]: So in original. Probably should be followed by another closing parenthesis. ## Source credit (Pub. L. 99–660, title IV, § 427, Nov. 14, 1986, 100 Stat. 3791; Pub. L. 100–177, title IV, § 402(a), (b), Dec. 1, 1987, 101 Stat. 1007.) ## Notes ### Editorial Notes ### Amendments 1987—Subsec. (b)(1). Pub. L. 100–177, § 402(a)(1), substituted “as necessary to carry out subsections (b) and (c) of section 11135 of this title (as specified in regulations by the Secretary)” for “with respect to medical malpractice actions” and inserted at end “Information reported under this subchapter that is in a form that does not permit the identification of any particular health care entity, physician, other health care practitioner, or patient shall not be considered confidential. The Secretary (or the agency designated under section 11134(b) of this title), on application by any person, shall prepare such information in such form and shall disclose such information in such form.” Subsec. (b)(4). Pub. L. 100–177, § 402(b), added par. (4). Subsec. (c). Pub. L. 100–177, § 402(a)(2), inserted “(including the agency designated under section 11134(b) of this title)” after “entity” and “(including information provided under subsection (a)” after “subchapter”. ### Statutory Notes and Related Subsidiaries ### Effective Date of 1987 Amendment Pub. L. 100–177, title IV, § 402(d), formerly § 402(c), Dec. 1, 1987, 101 Stat. 1007, as renumbered and amended by Pub. L. 101–239, title VI, § 6103(e)(6), Dec. 19, 1989, 103 Stat. 2208, provided that: In general.—The amendments made by subsections (a) and (c) [amending this section and sections 1111 and 1115 of this title] shall become effective on November 14, 1986. Fees.—The amendment made by subsection (b) [amending this section] shall become effective on the date of enactment of this Act [Dec. 1, 1987].”