124 STAT. 765 PUBLIC LAW 111–148—MAR. 23, 2010 (B) in each of paragraphs (4) and (6), by inserting ‘‘, but only with respect to information provided pursuant to subsection (a)(1)(A)’’ before the comma at the end; (C) by striking paragraph (5) and inserting the fol- lowing: ‘‘(5) to State law or fraud enforcement agencies,’’; (D) by redesignating paragraphs (7) and (8) as para- graphs (8) and (9), respectively; and (E) by inserting after paragraph (6) the following new paragraph: ‘‘(7) to health plans (as defined in section 1128C(c));’’; (3) by redesignating subsection (d) as subsection (h), and by inserting after subsection (c) the following new subsections: ‘‘(d) DISCLOSURE AND CORRECTION OF INFORMATION.— ‘‘(1) DISCLOSURE.—With respect to information reported pursuant to subsection (a)(1), the Secretary shall— ‘‘(A) provide for disclosure of the information, upon request, to the health care practitioner who, or the entity that, is the subject of the information reported; and ‘‘(B) establish procedures for the case where the health care practitioner or entity disputes the accuracy of the information reported. ‘‘(2) CORRECTIONS.—Each State licensing or certification agency and State law or fraud enforcement agency shall report corrections of information already reported about any formal proceeding or final adverse action described in subsection (a), in such form and manner as the Secretary prescribes by regula- tion. ‘‘(e) FEES FOR DISCLOSURE.—The Secretary may establish or approve reasonable fees for the disclosure of information under this section. 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 to cover such costs. ‘‘(f) PROTECTION FROM LIABILITY FOR REPORTING.—No person or entity, including any agency designated by the Secretary in subsection (b), shall be held liable in any civil action with respect to any reporting of information as required under this section, without knowledge of the falsity of the information contained in the report. ‘‘(g) REFERENCES.—For purposes of this section: ‘‘(1) STATE LICENSING OR CERTIFICATION AGENCY.—The term ‘State licensing or certification agency’ includes any authority of a State (or of a political subdivision thereof) responsible for the licensing of health care practitioners (or any peer review organization or private accreditation entity reviewing the serv- ices provided by health care practitioners) or entities. ‘‘(2) STATE LAW OR FRAUD ENFORCEMENT AGENCY.—The term ‘State law or fraud enforcement agency’ includes— ‘‘(A) a State law enforcement agency; and ‘‘(B) a State medicaid fraud control unit (as defined in section 1903(q)). ‘‘(3) FINAL ADVERSE ACTION.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), the term ‘final adverse action’ includes— Reports. Regulations. Procedures.
