I 112th CONGRESS 1st Session 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 A BILL 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.

1.

Short title

This Act may be cited as the Health Care Professionals Protection Act of 2011.

2.

Adequate notice and hearing required before reporting of certain professional review actions taken by health care entities

(a)

In general

Section 423(a) of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11133(a)) is amended— (1)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 (2)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 physician. (b)

Effective date

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.

3.

Requiring timely provision of copies of evidence as standard for professional review actions to which limited liability applies

(a)

In general

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.. (b)

Effective date

The amendment made by subsection (a) shall apply to professional review actions proposed on or after the date of the enactment of this Act.