Page:United States Statutes at Large Volume 124.djvu/792

124 STAT. 766 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(i) civil judgments against a health care provider, supplier, or practitioner in State court related to the delivery of a health care item or service; ‘‘(ii) State criminal convictions related to the delivery of a health care item or service; ‘‘(iii) exclusion from participation in State health care programs (as defined in section 1128(h)); ‘‘(iv) any licensing or certification action described in subsection (a)(1)(A) taken against a supplier by a State licensing or certification agency; and ‘‘(v) any other adjudicated actions or decisions that the Secretary shall establish by regulation. ‘‘(B) EXCEPTION.—Such term does not include any action with respect to a malpractice claim.’’; and (4) in subsection (h), as so redesignated, by striking ‘‘The Secretary’’ and all that follows through the period at the end and inserting ‘‘In implementing this section, the Secretary shall provide for the maximum appropriate coordination with part B of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11131 et seq.) and section 1128E.’’. (c) CONFORMING AMENDMENT.—Section 1128C(a)(1) of the Social Security Act (42 U.S.C. 1320a–7c(a)(1)) is amended— (1) in subparagraph (C), by adding ‘‘and’’ after the comma at the end; (2) in subparagraph (D), by striking ‘‘, and’’ and inserting a period; and (3) by striking subparagraph (E). (d) TRANSITION PROCESS; EFFECTIVE DATE.— (1) IN GENERAL.—Ef fective on the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ‘‘Secretary’’) shall implement a transition process under which, by not later than the end of the transition period described in paragraph (5), the Sec- retary shall cease operating the Healthcare Integrity and Protection Data Bank established under section 1128E of the Social Security Act (as in effect before the effective date speci- fied in paragraph (6)) and shall transfer all data collected in the Healthcare Integrity and Protection Data Bank to the National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11101 et seq.). During such transition process, the Secretary shall have in effect appropriate procedures to ensure that data collec- tion and access to the Healthcare Integrity and Protection Data Bank and the National Practitioner Data Bank are not disrupted. (2) REGULATIONS.—The Secretary shall promulgate regula- tions to carry out the amendments made by subsections (a) and (b). (3) FUNDING.— (A) AVAILABILITY OF FEES.—Fees collected pursuant to section 1128E(d)(2) of the Social Security Act prior to the effective date specified in paragraph (6) for the disclo- sure of information in the Healthcare Integrity and Protec- tion Data Bank shall be available to the Secretary, without fiscal year limitation, for payment of costs related to the transition process described in paragraph (1). Any such fees remaining after the transition period is complete shall Procedures. 42 USC 1320a–7e note.