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U.S. Code as of:
01/19/04
Section 1320c-6. Limitation on liability
(a) Providers of information to organizations having a contract
with Secretary
Notwithstanding any other provision of law, no person providing
information to any organization having a contract with the
Secretary under this part shall be held, by reason of having
provided such information, to have violated any criminal law, or to
be civilly liable under any law of the United States or of any
State (or political subdivision thereof) unless -
(1) such information is unrelated to the performance of the
contract of such organization; or
(2) such information is false and the person providing it knew,
or had reason to believe, that such information was false.
(b) Employees and fiduciaries of organizations having contracts
with Secretary
No organization having a contract with the Secretary under this
part and no person who is employed by, or who has a fiduciary
relationship with, any such organization or who furnishes
professional services to such organization, shall be held by reason
of the performance of any duty, function, or activity required or
authorized pursuant to this part or to a valid contract entered
into under this part, to have violated any criminal law, or to be
civilly liable under any law of the United States or of any State
(or political subdivision thereof) provided due care was exercised
in the performance of such duty, function, or activity.
(c) Physicians and providers
No doctor of medicine or osteopathy and no provider (including
directors, trustees, employees, or officials thereof) of health
care services shall be civilly liable to any person under any law
of the United States or of any State (or political subdivision
thereof) on account of any action taken by him in compliance with
or reliance upon professionally developed norms of care and
treatment applied by an organization under contract pursuant to
section 1320c-2 of this title operating in the area where such
doctor of medicine or osteopathy or provider took such action; but
only if -
(1) he takes such action in the exercise of his profession as a
doctor of medicine or osteopathy or in the exercise of his
functions as a provider of health care services; and
(2) he exercised due care in all professional conduct taken or
directed by him and reasonably related to, and resulting from,
the actions taken in compliance with or reliance upon such
professionally accepted norms of care and treatment.
(d) Reimbursement by Secretary for expenses incurred in defense of
legal proceedings
The Secretary shall make payment to an organization under
contract with him pursuant to this part, or to any member or
employee thereof, or to any person who furnishes legal counsel or
services to such organization, in an amount equal to the reasonable
amount of the expenses incurred, as determined by the Secretary, in
connection with the defense of any suit, action, or proceeding
brought against such organization, member, or employee related to
the performance of any duty or function under such contract by such
organization, member, or employee.
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