I

103D CONGRESS

1ST SESSION H. R. 3226

To prohibit an individual or entity providing services under any Federal

health program from refusing to provide services under such a program

to an individual on the grounds that the individual has been a plaintiff

in a medical malpractice liability action.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 6, 1993

Mr. FOGLIETTA introduced the following bill; which was referred jointly to the

Committees on Energy and Commerce, Ways and Means, Post Office and

Civil Service, Veterans’ Affairs, Armed Services, and Natural Resources

A BILL

To prohibit an individual or entity providing services under

any Federal health program from refusing to provide

services under such a program to an individual on the

grounds that the individual has been a plaintiff in a

medical malpractice liability action.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Anti-Discrimination

5 in Health Care Act’’.
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1 SEC. 2. PROHIBITING PROVIDERS UNDER FEDERAL

2 HEALTH PROGRAMS FROM DENYING SERV3 ICES ON BASIS OF BENEFICIARY’S MAL4 PRACTICE HISTORY.

5 (a) IN GENERAL.—No individual or entity providing

6 services for which payment may be made under any of

7 the Federal programs described in section 4 may refuse,

8 on the grounds that an individual has been a plaintiff in

9 a medical malpractice liability action, to provide any serv10 ices to such an individual if the individual is eligible to

11 receive such services under the program.

12 (b) MEDICAL MALPRACTICE LIABILITY ACTION DE13 FINED.—In subsection (a), the term ‘‘medical malpractice

14 liability action’’ means a civil action brought in a State

15 or Federal court against a health care provider or health

16 care professional in which the plaintiff alleges a claim that

17 injury was caused by the provision of (or the failure to

18 provide) health care services.

19 SEC. 3. EXCLUSION FROM PARTICIPATION FOR VIOLA20 TIONS.

21 (a) IN GENERAL.—If the director of a Federal pro22 gram described in section 4 determines that an individual

23 or entity providing services under the program has know24 ingly refused to provide services in violation of section

25 2(a), the director shall exclude such individual or entity

26 from participation in the program for such period of time
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1 as the director considers appropriate, upon such reason2 able notice to the public and the individual or entity ex3 cluded as the director may specify in regulation.

4 (b) NOTICE; HEARING; JUDICIAL REVIEW; APPLICA5 TION FOR TERMINATION OF EXCLUSION.—The provisions

6 of subsections (f) and (g) of section 1128 of the Social

7 Security Act shall apply with respect to the exclusion of

8 individuals and entities under subsection (a) and the direc9 tors of the Federal programs described in section 4 in the

10 same manner as such provisions apply to the exclusion of

11 individuals and entities from participation in any program

12 under title XVIII of such Act and State health care pro13 grams (as described in section 1128(h) of such Act) and

14 the Secretary of Health and Human Services.

15 (c) DEVELOPMENT OF PROCESS FOR FILING COM16 PLAINTS.—The Administrator of the Health Care Financ17 ing Administration shall develop procedures under which

18 an individual eligible to receive services under a Federal

19 program described in section 4 may file a complaint with

20 the director of the program alleging that a participant in

21 the program has refused to provide services to the individ22 ual in violation of section 2(a).

23 SEC. 4. FEDERAL PROGRAMS DESCRIBED.

24 The Federal programs described in this section are

25 as follows:
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1 (1) The health insurance program under title

2 XVIII of the Social Security Act.

3 (2) A State plan for medical assistance under

4 title XIX of the Social Security Act.

5 (3) The health benefit program for Federal em6 ployees under chapter 89 of title 5, United States

7 Code.

8 (4) Any program for the provision of hospital

9 care and medical services by the Department of Vet10 erans Affairs under chapter 17 of title 38, United

11 States Code.

12 (5) A program for the provision of services at

13 facilities of the Indian Health Service or at other fa14 cilities under the Indian Health Care Improvement

15 Act.

16 (6) The program authorized under sections

17 1079 and 1086 of title 10, United States Code.

18 (7) The program for providing medical care at

19 facilities of the uniformed services under title 10,

20 United States Code.

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