[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4750 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4750

  To clarify the treatment of health care provider standards of care 
                 under Federal health care provisions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 28, 2014

  Mr. Gingrey of Georgia (for himself and 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 clarify the treatment of health care provider standards of care 
                 under Federal health care provisions.

    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 ``Standard of Care Protection Act of 
2014''.

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

    (a) Maintenance of State Standards.--The development, recognition, 
or implementation of any guideline or other standard under any Federal 
health care provision shall not be construed--
            (1) 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 action or claim; or
            (2) to preempt any standard of care or duty of care, owed 
        by a health care provider to a patient, duly established under 
        State or common law.
    (b) Definitions.--For purposes of this Act:
            (1) Federal health care provision.--The term ``Federal 
        health care provision'' means any provision of the Patient 
        Protection and Affordable Care Act (Public Law 111-148), title 
        I or subtitle B of title II of the Health Care and Education 
        Reconciliation Act of 2010 (Public Law 111-152), or title XVIII 
        or XIX of the Social Security Act.
            (2) Health care provider.--The term ``health care 
        provider'' means any individual or entity--
                    (A) licensed, registered, or certified under 
                Federal or State laws or regulations to provide health 
                care services; or
                    (B) required to be so licensed, registered, or 
                certified but that is exempted by other statute or 
                regulation.
            (3) Medical malpractice or medical product liability action 
        or claim.--The term ``medical malpractice or medical product 
        liability action or claim'' 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).
            (4) State.--The term ``State'' includes the District of 
        Columbia, Puerto Rico, and any other commonwealth, possession, 
        or territory of the United States.

SEC. 3. PRESERVATION OF STATE LAW.

    No provision of the Patient Protection and Affordable Care Act 
(Public Law 111-148), title I or subtitle B of title II of the Health 
Care and Education Reconciliation Act of 2010 (Public Law 111-152), or 
title XVIII or XIX of the Social Security Act shall be construed to 
preempt any State or common law governing medical professional or 
medical product liability actions or claims.
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