3.0.0 3239 2023-01-11T13:22:03Z 2023-01-11T13:22:03Z House H HR 2011-10-21 112 From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. MARINO:H.R. 3239.Congress has the power to enact this legislation pursuantto the following:Article I, Section 8, Clause 3The Congress shall have Power . . . To regulate Commercewith foreign Nations, and among the several States, and withthe Indian Tribes.[Page H6987]]]> hsif00 Energy and Commerce Committee House Standing hsif14 Health Subcommittee Referred to 2011-10-21T21:10:17Z Referred to 2011-10-21T13:30:48Z Behavioral Health Information Technology Act of 2012 112 6043 HR 2012-07-09 Referred to the Subcommittee on Health. Related bill CRS 2011-10-21 hsif14 Health Subcommittee 1 House committee actions Referred to the Subcommittee on Health. Committee 2011-10-21 Referred to the House Committee on Energy and Commerce. IntroReferral H11100 2 House floor actions hsif00 Energy and Commerce Committee 2011-10-21 Introduced in House IntroReferral Intro-H 9 Library of Congress 2011-10-21 Introduced in House IntroReferral 1000 9 Library of Congress M001179 Rep. Marino, Tom [R-PA-10] Tom Marino R PA 10 N Health Civil actions and liability Computers and information technology Health care costs and insurance Health care quality Health facilities and institutions Health information and medical records Health personnel Health technology, devices, supplies Judicial procedure and administration Medicaid Medicare Health 00 2011-10-21 Introduced in House 2011-11-14T21:48:26Z Safeguarding Access for Every Medicare Patient Act - Authorizes a covered entity to submit to a Patient Safety Organization information on electronic health record (EHR)-related adverse events with respect to certified EHR technology the entity has used or provided.

Specifies covered entities as certain EHR users, health information exchange entities, and health care professionals who use EHR technology.

Defines an EHR-related adverse event as a defect, malfunction, or error in the certified health information technology or electronic health record used by a provider, or in the input or output of data maintained through such technology or record, that results or could reasonably result in harm to a patient.

Limits electronic discovery (e-discovery) in any health care lawsuit against a covered entity relating to an EHR-related adverse event involving certified EHR technology to information: (1) related to that event, and (2) from the period in which the event occurred.

Prohibits a claimant from commencing a lawsuit more than three years after the manifestation of injury or one year after the claimant discovers, or should have discovered, the injury, whichever occurs first. Requires tolling of this limitation, however, to the extent that the claimant is able to prove: (1) fraud; (2) intentional concealment; or (3) the presence of a foreign body, with no therapeutic or diagnostic purpose or effect, in the injured person.

Subjects each party to such a lawsuit which is not a covered entity to proportionate liability only.

Allows punitive damages against a covered entity only upon proof by clear and convincing evidence that the entity acted with reckless disregard for the claimant's health or safety.

Shields covered entities, employees, agents, and representatives from civil liability for libel or slander arising from information or entries made in certified EHR technology, or transferred to another eligible provider, if the information, entries, or transfer were made in good faith and without malice.

]]> Safeguarding Access For Every Medicare Patient Act Display Title Safeguarding Access For Every Medicare Patient Act Official Title as Introduced To provide certain legal safe harbors to Medicare and Medicaid providers who participate in the EHR meaningful use program or otherwise demonstrate use of certified health information technology. Introduced in House IH Short Titles as Introduced Safeguarding Access For Every Medicare Patient Act Introduced in House 2011-10-21T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112hr3239ih/xml/BILLS-112hr3239ih.xml 2011-10-21 Referred to the Subcommittee on Health. 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. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.