[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3226 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3226

   To prohibit an individual or entity providing services under any 
 Federal health program from refusing to provide services under such a 
program to an individual on the grounds that the individual has been a 
          plaintiff in a medical malpractice liability action.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 6, 1993

Mr. Foglietta introduced the following bill; which was referred jointly 
 to the Committees on Energy and Commerce, Ways and Means, Post Office 
   and Civil Service, Veterans' Affairs, Armed Services, and Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
   To prohibit an individual or entity providing services under any 
 Federal health program from refusing to provide services under such a 
program to an individual on the grounds that the individual has been a 
          plaintiff in a medical malpractice liability action.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Anti-Discrimination in Health Care 
Act''.

SEC. 2. PROHIBITING PROVIDERS UNDER FEDERAL HEALTH PROGRAMS FROM 
              DENYING SERVICES ON BASIS OF BENEFICIARY'S MALPRACTICE 
              HISTORY.

    (a) In General.--No individual or entity providing services for 
which payment may be made under any of the Federal programs described 
in section 4 may refuse, on the grounds that an individual has been a 
plaintiff in a medical malpractice liability action, to provide any 
services to such an individual if the individual is eligible to receive 
such services under the program.
    (b) Medical Malpractice Liability Action Defined.--In subsection 
(a), the term ``medical malpractice liability action'' means a civil 
action brought in a State or Federal court against a health care 
provider or health care professional in which the plaintiff alleges a 
claim that injury was caused by the provision of (or the failure to 
provide) health care services.

SEC. 3. EXCLUSION FROM PARTICIPATION FOR VIOLATIONS.

    (a) In General.--If the director of a Federal program described in 
section 4 determines that an individual or entity providing services 
under the program has knowingly refused to provide services in 
violation of section 2(a), the director shall exclude such individual 
or entity from participation in the program for such period of time as 
the director considers appropriate, upon such reasonable notice to the 
public and the individual or entity excluded as the director may 
specify in regulation.
    (b) Notice; Hearing; Judicial Review; Application for Termination 
of Exclusion.--The provisions of subsections (f) and (g) of section 
1128 of the Social Security Act shall apply with respect to the 
exclusion of individuals and entities under subsection (a) and the 
directors of the Federal programs described in section 4 in the same 
manner as such provisions apply to the exclusion of individuals and 
entities from participation in any program under title XVIII of such 
Act and State health care programs (as described in section 1128(h) of 
such Act) and the Secretary of Health and Human Services.
    (c) Development of Process for Filing Complaints.--The 
Administrator of the Health Care Financing Administration shall develop 
procedures under which an individual eligible to receive services under 
a Federal program described in section 4 may file a complaint with the 
director of the program alleging that a participant in the program has 
refused to provide services to the individual in violation of section 
2(a).

SEC. 4. FEDERAL PROGRAMS DESCRIBED.

    The Federal programs described in this section are as follows:
            (1) The health insurance program under title XVIII of the 
        Social Security Act.
            (2) A State plan for medical assistance under title XIX of 
        the Social Security Act.
            (3) The health benefit program for Federal employees under 
        chapter 89 of title 5, United States Code.
            (4) Any program for the provision of hospital care and 
        medical services by the Department of Veterans Affairs under 
        chapter 17 of title 38, United States Code.
            (5) A program for the provision of services at facilities 
        of the Indian Health Service or at other facilities under the 
        Indian Health Care Improvement Act.
            (6) The program authorized under sections 1079 and 1086 of 
        title 10, United States Code.
            (7) The program for providing medical care at facilities of 
        the uniformed services under title 10, United States Code.

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