113 HR 4750 IH: Standard of Care Protection Act of 2014 U.S. House of Representatives 2014-05-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 113th CONGRESS 2d Session H. R. 4750 IN THE HOUSE OF REPRESENTATIVES May 28, 2014 Mr. Gingrey of Georgia (for himself and Mr. Cuellar) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To clarify the treatment of health care provider standards of care under Federal health care provisions.

1.

Short title

This Act may be cited as the Standard of Care Protection Act of 2014.

2.

Rule of construction regarding health care provider standards of care

(a)

Maintenance of state standards

The development, recognition, or implementation of any guideline or other standard under any Federal health care provision shall not be construed— (1)to establish the standard of care or duty of care owed by a health care provider to a patient in any medical malpractice or medical product liability action or claim; or (2)to preempt any standard of care or duty of care, owed by a health care provider to a patient, duly established under State or common law. (b)

Definitions

For purposes of this Act: (1)

Federal health care provision

The term Federal health care provision means any provision of the Patient Protection and Affordable Care Act (Public Law 111–148), title I or subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 (Public Law 111–152), or title XVIII or XIX of the Social Security Act. (2)

Health care provider

The term health care provider means any individual or entity— (A)licensed, registered, or certified under Federal or State laws or regulations to provide health care services; or (B)required to be so licensed, registered, or certified but that is exempted by other statute or regulation. (3)

Medical malpractice or medical product liability action or claim

The term medical malpractice or medical product liability action or claim means a medical malpractice action or claim (as defined in section 431(7) of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11151(7))) and includes a liability action or claim relating to a health care provider’s prescription or provision of a drug, device, or biological product (as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act or section 351 of the Public Health Service Act). (4)

State

The term State includes the District of Columbia, Puerto Rico, and any other commonwealth, possession, or territory of the United States.

3.

Preservation of State law

No provision of the Patient Protection and Affordable Care Act (Public Law 111–148), title I or subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 (Public Law 111–152), or title XVIII or XIX of the Social Security Act shall be construed to preempt any State or common law governing medical professional or medical product liability actions or claims.