[Code of Federal Regulations]
[Title 42, Volume 3, Parts 430 to end]
[Revised as of October 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 42CFR480.105]

[Page 395]
 
                         TITLE 42--PUBLIC HEALTH
 
                         CHAPTER IV--HEALTH CARE
                        FINANCING ADMINISTRATION,
                        DEPARTMENT OF HEALTH AND
                       HUMAN SERVICES--(Continued)
 
PART 480--ACQUISITION, PROTECTION, AND DISCLOSURE OF PEER REVIEW INFORMATION--Table of Contents
 
  Subpart B--Utilization and Quality Control Peer Review Organizations 
                                 (PROs)
 
Sec. 480.105  Notice of disclosures made by a PRO.

    (a) Notification of the disclosure of nonconfidential information. 
Except as permitted under Sec. 476.106, at least 30 calender days before 
disclosure of nonconfidential information, the PRO must notify an 
identified institution of its intent to disclose information about the 
institution (other than reports routinely submitted to HCFA or Medicare 
fiscal intermediaries, or to or from PRO subcontractors, or to or from 
the institution) and provide the institution with a copy of the 
information. The institution may submit comments to the PRO that must be 
attached to the information disclosed if received before disclosure, or 
forwarded separately if received after disclosure.
    (b) Notification of the disclosure of confidential information. (1) 
A PRO must notify the practitioner who has treated a patient, of a 
request for disclosure to the patient or patient representative in 
accordance with the requirements and exceptions to the requirements for 
disclosure specified under Sec. 476.132.
    (2) A PRO must notify a practitioner or institution of the PRO's 
intent to disclose information on the practitioner or institution to an 
investigative or licensing agency (Secs. 476.137 and 476.138) except for 
cases specified in Sec. 476.106 involving fraud or abuse or imminent 
danger to individuals or the public health. The practitioner or 
institution must be notified and provided a copy of the information to 
be disclosed at least 30 calendar days before the PRO discloses the 
identifying information. The PRO must forward with the information any 
comments submitted by the practitioner or institution in response to the 
PRO notice if received before disclosure, or forwarded separately if 
received after disclosure.

[50 FR 15359, Apr. 17, 1985; 50 FR 41886, Oct. 16, 1985. Redesignated at 
64 FR 66279, Nov. 24, 1999]