[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 816 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 816

    To prevent the Patient Protection and Affordable Care Act from 
    establishing health care provider standards of care in medical 
malpractice or medical product liability cases, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 18, 2011

Mr. Gingrey of Georgia (for himself, Mr. Cuellar, Mr. Broun of Georgia, 
Mr. Smith of Texas, Mr. Murphy of Pennsylvania, Mr. Graves of Missouri, 
and Mr. Benishek) 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 prevent the Patient Protection and Affordable Care Act from 
    establishing health care provider standards of care in medical 
malpractice or medical product liability cases, and for other purposes.

    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 ``Provider Shield Act of 2011''.

SEC. 2. CONSTRUCTION REGARDING HEALTH CARE PROVIDER STANDARDS OF CARE.

    (a) In General.--The development, recognition, or implementation of 
any guideline or other standard under any health care reform provision 
shall not be construed 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 case.
    (b) Definitions.--For purposes of this Act:
            (1) The term ``health care reform provision'' means any 
        provision of the Patient Protection and Affordable Care Act 
        (Public Law 111-148) and the amendments made by that Act, 
        including the following:
                    (A) Section 2701 (relating to adult health quality 
                measures).
                    (B) Section 2702 (relating to payment adjustment 
                for health care-acquired conditions).
                    (C) Section 3001 (relating to hospital value-based 
                purchasing program).
                    (D) Section 3002 (relating to improvements to the 
                physician quality reporting system).
                    (E) Section 3003 (relating to improvements to the 
                physician feedback program).
                    (F) Section 3007 (relating to value-based payment 
                modifier under the physician fee schedule).
                    (G) Section 3008 (relating to payment adjustment 
                for conditions acquired in hospitals).
                    (H) Section 3013 (relating to quality measure 
                development).
                    (I) Section 3014 (relating to quality measurement).
                    (J) Section 3021 (relating to establishment of 
                Center for Medicare and Medicaid Innovation within 
                CMS).
                    (K) Section 3025 (relating to hospital readmissions 
                reduction program).
                    (L) Section 3501 (relating to health care delivery 
                system research; quality improvement technical 
                assistance).
                    (M) Section 4003 (relating to clinical and 
                community preventive services).
                    (N) Section 4301 (relating to research on 
                optimizing the delivery of public health services).
            (2) The term ``medical malpractice or medical product 
        liability case'' 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).
            (3) The term ``State'' includes the District of Columbia, 
        Puerto Rico, and any other commonwealth, possession, or 
        territory of the United States.
    (c) Savings Clause for State Medical Malpractice or Medical Product 
Liability Laws.--Nothing in this Act shall be construed to modify or 
preempt any substantive or procedural state law governing medical 
malpractice or medical product liability cases or to impair State 
authority regarding legal standards or procedures used in medical 
malpractice or medical product liability cases.
    (d) Conforming Amendment.--Section 3512 of the Patient Protection 
and Affordable Care Act (Public Law 111-148) is repealed.
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