I 

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. 

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 ‘‘Standard of Care Pro5 tection Act of 2014’’. 


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1 SEC. 2. RULE OF CONSTRUCTION REGARDING HEALTH 

2 CARE PROVIDER STANDARDS OF CARE. 

3 (a) MAINTENANCE OF STATE STANDARDS.—The de4 velopment, recognition, or implementation of any guideline 

5 or other standard under any Federal health care provision 

6 shall not be construed— 

7 (1) to establish the standard of care or duty of 

8 care owed by a health care provider to a patient in 

9 any medical malpractice or medical product liability 

10 action or claim; or 

11 (2) to preempt any standard of care or duty of 

12 care, owed by a health care provider to a patient, 

13 duly established under State or common law. 

14 (b) DEFINITIONS.—For purposes of this Act: 

15 (1) FEDERAL HEALTH CARE PROVISION.—The 

16 term ‘‘Federal health care provision’’ means any 

17 provision of the Patient Protection and Affordable 

18 Care Act (Public Law 111–148), title I or subtitle 

19 B of title II of the Health Care and Education Rec20 onciliation Act of 2010 (Public Law 111–152), or 

21 title XVIII or XIX of the Social Security Act. 

22 (2) HEALTH CARE PROVIDER.—The term 

23 ‘‘health care provider’’ means any individual or enti24 ty— 


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1 (A) licensed, registered, or certified under 

2 Federal or State laws or regulations to provide 

3 health care services; or 

4 (B) required to be so licensed, registered, 

5 or certified but that is exempted by other stat6 ute or regulation. 

7 (3) MEDICAL MALPRACTICE OR MEDICAL PROD8 UCT LIABILITY ACTION OR CLAIM.—The term ‘‘med9 ical malpractice or medical product liability action or 

10 claim’’ means a medical malpractice action or claim 

11 (as defined in section 431(7) of the Health Care 

12 Quality Improvement Act of 1986 (42 U.S.C. 

13 11151(7))) and includes a liability action or claim 

14 relating to a health care provider’s prescription or 

15 provision of a drug, device, or biological product (as 

16 such terms are defined in section 201 of the Federal 

17 Food, Drug, and Cosmetic Act or section 351 of the 

18 Public Health Service Act). 

19 (4) STATE.—The term ‘‘State’’ includes the 

20 District of Columbia, Puerto Rico, and any other 

21 commonwealth, possession, or territory of the United 

22 States. 

23 SEC. 3. PRESERVATION OF STATE LAW. 

24 No provision of the Patient Protection and Affordable 

25 Care Act (Public Law 111–148), title I or subtitle B of 


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1 title II of the Health Care and Education Reconciliation 

2 Act of 2010 (Public Law 111–152), or title XVIII or XIX 

3 of the Social Security Act shall be construed to preempt 

4 any State or common law governing medical professional 

5 or medical product liability actions or claims. 

Æ 


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