H. R. 2472
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 Committee on Energy and Commerce
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.
This Act may be cited as the
Health Care Professionals Protection
Act of 2011.
Adequate notice and hearing required before reporting of certain professional review actions taken by health care entities
Section 423(a) of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11133(a)) is amended—
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 clinical privileges of a physician or with respect to the surrender of
clinical privileges of a physician described in subparagraph (B) while the
physician is under an investigation, before adequate notice of and hearing
procedures for such action and investigation 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 the standards described in such section
412(a) necessary for the protection set out in section 411(a).; and
in paragraph (2),
by inserting before the period the following:
and, in the case of a
report pursuant to paragraph (1)(A), if the entity would not be in violation of
the second sentence of paragraph (1) if the practitioner were a
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.
Requiring timely provision of copies of evidence as standard for professional review actions to which limited liability applies
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 expected to be offered against the physician at the hearing.
The amendment made by subsection (a) shall apply to professional review actions proposed on or after the date of the enactment of this Act.