To amend the Health Care Quality Improvement Act of 1986 to expand the National Practitioner Data Bank.

April 22, 2004

Mr. PALLONE 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 expand the National Practitioner Data Bank.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Safe Health Care Reporting Act of 2004'.

SEC. 2. REPORTING OF SANCTIONS.

Section 422 of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11132) is amended--

(1) in the section heading by striking `Boards of medical examiners' and inserting `State licensing boards';

(2) in paragraphs (1) and (2) of subsection (a)--

(A) by striking `physician's' each place it appears and inserting `physician's or other health care practitioner's'; and

(B) by striking `physician' each place it appears and inserting `physician or other health care practitioner'; and

(3) in subsections (a) and (b), by striking `Board of Medical Examiners' each place it appears and inserting `State licensing board'.

SEC. 3. REPORTING OF CERTAIN PROFESSIONAL REVIEW ACTIONS.

Section 423 of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11133) is amended--

(1) by striking `Board of Medical Examiners' each place it appears and inserting `State licensing board';

(2) in subsection (a)--

(A) by striking paragraph (2) and inserting the following:

`(2) Mandatory reporting on other licensed health care practitioners- A health care entity shall report to the appropriate State licensing boards and to the agency designated under section 424(b), the information described in paragraph (3) in the case of a licensed health care practitioner who is not a physician, if the entity would be required to report such information under paragraph (1) with respect to the practitioner if the practitioner were a physician.';

(B) by redesignating paragraph (3)(C) as paragraph (3)(D); and

(C) by striking paragraph (3)(B) and inserting the following:

`(B) a description of any adverse action, including dismissal and review action, taken by a hospital or other health care entity against a health care practitioner who is employed by, has privileges at, is under contract with, or otherwise works at the health care entity for conduct that may be construed to violate any Federal or State law, including laws governing licensed health care professional practice standards,

`(C) information on a health care practitioner who voluntarily resigns during, or as a result of, a pending dismissal or review action, and';

(3) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively;

(4) by inserting after subsection (a), the following:

`(b) Standard for Reporting of Adverse Actions- Adverse actions reported under subsection (a)(2) shall be made in accordance with the rights and procedures afforded to physicians under section 412.';

(5) in subsection (c) (as so redesignated), in the subsection heading, by striking `Board of Medical Examiners' and inserting `State licensing board';

(6) in subsection (d)(1) (as so redesignated), by striking `subsection (a)(1)' and inserting `paragraphs (1) and (2) of subsection (a) and subsection (b)';

(7) in subsection (d)(2) (as so redesignated), in the paragraph heading, by striking `Board of Medical Examiners' and inserting `State licensing board';

(8) in subsection (e) (as so redesignated), in the subsection heading, by striking `Board of Medical Examiners' and inserting `State licensing board'; and

(9) by adding at the end the following:

`(f) Civil Penalties-

`(1) In general- The Secretary shall provide for the imposition of no more than $50,000 per violation for health care entities that fail to comply with this section.

`(2) Repeated violations- The Secretary shall provide for civil penalties in addition to the amount listed in paragraph (1) for health care entities that establish patterns of repeated violations of this section.'.

SEC. 4. CIVIL PENALTIES.

Section 425 of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11135) is amended--

(1) in paragraphs (1) and (2) of subsection (a), and subsections (b) and (c), by striking `hospital' each place it appears and inserting `health care entity or agency employing a physician or other licensed health care practitioner';

(2) in subsection (a)--

(A) in the matter preceding paragraph (1)--

(i) by striking `each hospital' and inserting `each health care entity and agency employing a physician or other licensed health care practitioner'; and

(ii) by inserting `and from the appropriate State licensing board,' after `(or the agency designated under section 424(b)),';

(B) in paragraph (1), by inserting `or employment' after `clinical privileges'; and

(C) in paragraph (2), by inserting `or employed' after `clinical privileges';

(3) in subsection (c), by striking `hospital's' and inserting `the health care entity's or agency's' and

(4) by adding at the end the following:

`(d) Civil Penalties-

`(1) In general- The Secretary shall provide for the imposition of no more than $50,000 per violation for a health care entity or agency employing a physician or other licensed health care practitioner that fails to comply with this section.

`(2) Repeated violations- The Secretary shall provide for civil penalties in addition to the amount listed in paragraph (1) for a health care entity or agency employing a physician or other licensed health care practitioner that establishes patterns of repeated violations of this section.'.

SEC. 5. PROFESSIONAL REVIEW.

Section 411 of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11111) is amended by adding at the end the following:

`(d) Civil Liability Immunity for Health Care Entities-

`(1) In general- A health care entity that discloses information about a former or current employee pursuant to section 423 is immune from civil liability for such disclosure and its consequences unless it is demonstrated that the employer--

`(A) knowingly disclosed false information; or

`(B) violated any right of the former or current employee that is protected under Federal or State laws.

`(2) Application- This subsection applies to any employee, agent, or other representative of the current or former employer who is authorized to provide and who provides information in accordance with section 423.

`(e) Protection of Health Care Practitioners- A health care entity shall not penalize, discriminate, or retaliate in any manner with respect to employment, including discharge, promotion, compensation, or terms, conditions, or privileges of employment, against an employee who, in good faith, reports conduct that may be construed to violate a Federal or State law, including laws governing licensed health care professional practice standards, to a State authority, licensing authority, peer review organization, or employer.'.

SEC. 6. HEALTH CARE ENTITY; SKILLED NURSING FACILITY.

Section 431 of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11151) is amended--

(1) in paragraph (4)(i), by inserting `or skilled nursing facility' after `hospital';

(2) by redesignating paragraphs (13) and (14) as paragraphs (14) and (15), respectively; and

(3) by inserting after paragraph (12) the following:

`(13) The term `skilled nursing facility' means an entity described in section 1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a)).'.

SEC. 7. SANCTIONS AGAINST AND BACKGROUND CHECKS OF HEALTH CARE PRACTITIONERS AND PROVIDERS.

Section 1921 of the Social Security Act (42 U.S.C. 1396r-2) is amended--

(1) in the section heading, by inserting `and Criminal Background Checks of' after `Against'; and

(2) in subsection (a)--

(A) by redesignating paragraph (2) as paragraph (3); and

(B) by inserting after paragraph (1) the following:

`(2) Information concerning criminal background of licensed health care practitioners- The State shall have in effect a system of reporting criminal background information on licensed health care practitioners to the agency designated under section 424(b) of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11134(b)).'.

SEC. 8. DATE OF IMPLEMENTATION.

The Secretary of Health and Human Services shall, through the promulgation of appropriate regulations, implement the provisions of this Act within 1 year after the date of enactment of this Act.

END