I 112th CONGRESS 1st Session H. R. 816 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.

1.

Short title

This Act may be cited as the Provider Shield Act of 2011.

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.