((a)) ** In general**

((1)) ** Limitation on damages for professional review actions** If a professional review action (as defined in ) of a professional review body meets all the standards specified in , except as provided in subsection (b)—

((A)) the professional review body,

((B)) any person acting as a member or staff to the body,

((C)) any person under a contract or other formal agreement with the body, and

((D)) any person who participates with or assists the body with respect to the action,

((2)) ** Protection for those providing information to professional review bodies** Notwithstanding any other provision of law, no person (whether as a witness or otherwise) providing information to a professional review body regarding the competence or professional conduct of a physician shall be held, by reason of having provided such information, to be liable in damages under any law of the United States or of any State (or political subdivision thereof) unless such information is false and the person providing it knew that such information was false.

((b)) ** Exception** If the Secretary has reason to believe that a health care entity has failed to report information in accordance with , the Secretary shall conduct an investigation. If, after providing notice of noncompliance, an opportunity to correct the noncompliance, and an opportunity for a hearing, the Secretary determines that a health care entity has failed substantially to report information in accordance with , the Secretary shall publish the name of the entity in the Federal Register. The protections of subsection (a)(1) shall not apply to an entity the name of which is published in the Federal Register under the previous sentence with respect to professional review actions of the entity commenced during the 3-year period beginning 30 days after the date of publication of the name.section 11133(a) of this titlesection 11133(a) of this title

((c)) ** Treatment under State laws**

((1)) ** Professional review actions taken on or after ** Except as provided in paragraph (2), subsection (a) shall apply to State laws in a State only for professional review actions commenced on or after .October 14, 19891989-10-14

((2)) ** Exceptions**

((A)) ** State early opt-in** Subsection (a) shall apply to State laws in a State for actions commenced before , if the State by legislation elects such treatment.October 14, 19891989-10-14

((B)) ** Effective date of election** An election under State law is not effective, for purposes of, for actions commenced before the effective date of the State law, which may not be earlier than the date of the enactment of that law.1