I 111th CONGRESS 2d Session H. R. 5243 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.

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):

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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