[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1769 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1769

 To limit the establishment of certain standards of care or duties of 
     care owed by health care providers to patients in any medical 
       malpractice or medical product liability action or claim.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 21, 2013

Mr. Toomey (for himself and Mr. Carper) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To limit the establishment of certain standards of care or duties of 
     care owed by health care providers to patients in any medical 
       malpractice or medical product liability action or claim.

    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''.

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

    (a) In General.--The development, recognition, or implementation of 
any guideline or other standard under any Federal health care 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 action or claim.
    (b) Definitions.--For purposes of this section:
            (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 and subtitle B of title III of the Health Care and Education 
        Reconciliation Act of 2010 (Public Law 111-152), and titles 
        XVIII and XIX of the Social Security Act (42 U.S.C. 1395 et 
        seq. and 1396 et seq.).
            (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 law 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 (21 U.S.C. 321) or 
        section 351 of the Public Health Service Act (42 U.S.C. 262)).
            (4) State.--The term ``State'' includes the 50 States, the 
        District of Columbia, Puerto Rico, and any other commonwealth, 
        possession, or territory of the United States.
    (c) No Preemption.--No provision of the Patient Protection and 
Affordable Care Act (Public Law 111-148), title I or subtitle B of 
title III of the Health Care and Education Reconciliation Act of 2010 
(Public Law 111-152), or title XVIII or XIX of the Social Security Act 
(42 U.S.C. 1395 et seq. and 1396 et seq.) shall be construed to preempt 
any State or common law governing medical malpractice or medical 
product liability actions or claims.
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