[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5243 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5243

To amend the Patient Protection and Affordable Care Act to clarify that 
the Act does not affect standards or procedures in medical malpractice 
                                actions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 2010

 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 amend the Patient Protection and Affordable Care Act to clarify that 
the Act does not affect standards or procedures in medical malpractice 
                                actions.

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

SECTION 1. CONSTRUCTION REGARDING PPACA NOT AFFECTING STANDARDS OR 
              PROCEDURES IN MEDICAL MALPRACTICE ACTIONS.

    The Patient Protection and Affordable Care Act (Public Law 111-148) 
is amended by inserting after section 3512 the following new section 
(and by inserting a corresponding item in the table of contents of such 
Act):

``SEC. 3513. CONSTRUCTION REGARDING STANDARD OF CARE.

    ``(a) In General.--The development, recognition, or implementation 
of any guideline or other standard under any provision of this Act 
shall not be construed to establish the standard of care or duty of 
care owed by health care providers to their patients in any 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)).
    ``(b) Savings Clause for State Medical Malpractice Laws.--Nothing 
in this Act or the amendments made by this Act shall be construed to 
modify or impair State law governing legal standards or procedures used 
in medical malpractice cases, including the authority of a State to 
make or implement such law.''.
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