Page:United States Statutes at Large Volume 101 Part 1.djvu/720

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PUBLIC LAW 100-000—MMMM. DD, 1987

101 STAT. 690

PUBLIC LAW 100-93—AUG. 18, 1987 (b) INFORMATION REQUIRED.—Title XIX is amended by redesignat-

42 USC 1396s.

ing section 1921 as section 1922 and inserting after section 1920 the following new section: "INFORMATION CONCERNING SANCTIONS TAKEN BY STATE LICENSING AUTHORITIES AGAINST HEALTH CARE PRACTITIONERS AND PROVIDERS

42 USC 1396r-2.

"SEC.

1921. (a) INFORMATION REPORTING REQUIREMENT.—The

Ante, p. 689; requirement referred to in section 1902(a)(49) is that the State must post, pp. 691,694. provide for the following: "(1) INFORMATION REPORTING SYSTEM.—The State must have ' in effect a system of reporting the following information with respect to formal proceedings (as defined by the Secretary in regulations) concluded against a health care practitioner or entity by any authority of the State (or of a political subdivision thereof) responsible for the licensing of health care practitioners or entities: "(A) Any adverse action taken by such licensing authority as a result of the proceeding, including any revocation or suspension of a license (and the length of any such suspension), reprimand, censure, or probation. "(B) Any dismissal or closure of the proceedings by reason of the practitioner or entity surrendering the license or leaving the State or jurisdiction. "(C) Any other loss of the license of the practitioner or entity, whether by operation of law, voluntary surrender, or otherwise. ' ' ' "(2) ACCESS TO DOCUMENTS.—The State must provide the Secretary (or an entity designated by the Secretary) with access to such documents of the authority described in paragraph (1) as ^'1 may be necessary for the Secretary to determine the facts and circumstances concerning the actions and determinations described in such paragraph for the purpose of carrying out this Act. "(b) FORM OF INFORMATION.—The information described in subsection (a)(1) shall be provided to the Secretary (or to an appropriate private or public agency, under suitable arrangements made by the Secretary with respect to receipt, storage, protection of confidentiality, and dissemination of information) in such a form and manner as the Secretary determines to be appropriate in order to provide for activities of the Secretary under this Act and in order to provide, directly or through suitable arrangements made by the Secretary, information— "(1) to agencies administering Federal health care programs, including private entities administering such programs under contract, , "(2) to licensing authorities described in subsection (a)(1), "(3) to State agencies administering or supervising the administration of State health care programs (as defined in section 1128(h)), Ante, p. 680. If "(4) to utilization and quality control peer review organiza42 USC 1320c. tions described in part B of title XI and to appropriate entities 42 USC 1320C-3. with contracts under section 1154(a)(4)(C) with respect to eligible organizations reviewed under the contracts, "(5) to State medicaid fraud control units (as defined in 42USe 1396b. section 1903(q)),

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