Page:United States Statutes at Large Volume 104 Part 2.djvu/616

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104 STAT. 1388-208 PUBLIC LAW 101-508 —NOV. 5, 1990 "(vi) has been certified by the Secretary as qualified to provide physicians' services to a child under 21 years of age; or "(B) to a pregnant woman (or during the 60 day period beginning on the date of termination of the pregnancy) unless the physician— "(i) is certified in family practice or obstetrics by the medical specialty board recognized by the American Board of Medical Specialties for family practice or obstetrics, "(ii) is employed by, or affiliated with, a Federally- qualified health center (as defined in section 1905(1)(2)(B)), "(iii) holds admitting privileges at a hospital participating in a State plan approved under this title, "(iv) is a member of the National Health Service Corps, "(v) documents a current, formal, consultation and referral arrangement with an obstetrician or family practitioner who has the certification described in clause (i) for purposes of specialized treatment and admission to a hospital, or "(vi) has been certified by the Secretary as qualified to provide physicians' services to pregnant women.". (f) REPORTING OF MISCONDUCT OR SUBSTANDARD CARE.— (1) IN GENERAL.— Section 1921(a) (42 U.S.C. 1396r-2(a)) is amended— (A) in paragraph (1), in the matter before subparagraph (A), by inserting "(or any peer review organization or private accreditation entity reviewing the services provided by health care practitioners)" after "health care practitioners"; and (B) in paragraph (1), by adding at the end the following new subparagraph: "(D) Any negative action or finding by such authority, organization, or entity regarding the practitioner or entity.". 42 USC 1396r-2 (2) EFFECTIVE DATE. — The amendments made by paragraph (1) note. shall apply to State information reporting systems as of January 1, 1992, without regard to whether or not the Secretary of Health and Human Services has promulgated any regulations to carry out such amendments by such date. SEC. 4753. CLARIFICATION OF AUTHORITY OF INSPECTOR GENERAL. Section 1128A(j) (42 U.S.C. 1320a-7a0*)) is amended— (1) by striking "0')" and inserting "(j)(l)"; and (2) by adding at the end the following new paragraph: "(2) The Secretary may delegate authority granted under this section and under section 1128 to the Inspector General of the Department of Health and Human Services.". SEC. 4754. NOTICE TO STATE MEDICAL BOARDS WHEN ADVERSE ACTIONS TAKEN. (a) IN GENERAL.— Section 1902(a)(41) (42 U.S.C. 1396a(a)(41)) is amended by inserting "and, in the case of a physician and notwithstanding paragraph (7), the State medical licensing board" after "shall promptly notify the Secretary".