Page:United States Statutes at Large Volume 89.djvu/371

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PUBLIC LAW 94-000—MMMM. DD, 1975

PUBLIC LAW 94-63—JULY 29, 1975 such center, but the governmental agency operating the center shall appoint a committee to advise it with respect to the operations of the center, which committee shall be composed of individuals who reside in the center's catchment area, who are representative of the residents of the area as to employment, age, sex, place of residence, and other demographic characteristics, and at least one-half of whom are not providers of health care. "(2) For purposes of subparagraphs (A) and (B) of paragraph (1), the term 'provider of health care' means an individual— "(A) who is a direct provider of health care (including a physician, dentist, nurse, podiatrist, or physician assistant) in that (i) the individual's primary current activity is the provision of health care to individuals or the administration of facilities or institutions (including hospitals, long-term care facilities, outpatient facilities, and health maintenance organizations) in which such care is provided, and (ii) when required by State law, the individual has received professional training in the provision of such care or in such administration and is licensed or certified for such provision or administration; or "(B) who is an indirect provider of health care in that the individual— "(i) holds a fiduciary position with, or has a fiduciary interest in, any entity described in subclause (II) or (IV) of clause (ii); "(ii) receives (either directly-or through his spouse) more than one-tenth of his gross annual income from any one or combination of the following: " (I) Fees or other compensation for research into or instruction in the provision of health care. " ( II) Entities engaged in the provision of health care or in such research or instruction. " ( I l l) Producing or supplying drugs or other articles for individuals or entities for use in the provision of, in research into, or instruction in the provision of, health care. " ( IV) Entities engaged in producing drugs or such other articles. " (iii) is a member of the immediate family of an individual described in subparagraph (A) or in clause (i), (ii), or (iv) of subparagraph (B); or "(iv) is engaged in issuing any policy or contract of individual or group health insurance or hospital or medical service benefits. "(d) A center shall have established, in accordance with regulations prescribed by the Secretary, (1) an ongoing quality assurance program (including utilization and peer review systems) respecting the center'services, (2) an integrated medical records system (including a drug use profile) which, in accordance with applicable Federal and State laws respecting confidentiality, is designed to provide access to all past and current information regarding the health status of each patient and to maintain safeguards to preserve confidentiality and to protect the rights of the patient, (3) a professional advisory board, which is composed of members of the center's professional staff, to advise the governing board in establishinfr policies governing medical and other services provided by such staff on behalf of the center, and (4) an identifiable administrative unit which shall be responsible for providing the consultation and education services described in sub-

89 STAT, 311

"Provider of health care."

Quality assurance program.