I 
112TH CONGRESS 
1ST SESSION H. R. 2363 
To establish performance-based quality measures, to establish limitations on 
recovery in health care lawsuits based on compliance with best practice 
guidelines, and to provide grants to States for administrative health 
care tribunals. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 24, 2011 
Mr. PRICE of Georgia introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To establish performance-based quality measures, to establish 
limitations on recovery in health care lawsuits based 
on compliance with best practice guidelines, and to pro-
vide grants to States for administrative health care tribu-
nals. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Health Care OverUse 
Reform Today Act (HealthCOURT Act) of 2011’’. 
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SEC. 2. LIMITATION ON RECOVERY IN A HEALTH CARE 
LAWSUIT BASED ON COMPLIANCE WITH BEST 
PRACTICE GUIDELINES. 
(a) SELECTION AND ISSUANCE OF BEST PRACTICES 
GUIDELINES.— 
(1) IN GENERAL.—The Secretary of Health and 
Human Services (in this section referred to as the 
‘‘Secretary’’) shall provide for the selection and 
issuance of best practice guidelines for treatment of 
medical conditions (each in this subsection referred 
to as a ‘‘guideline’’) in accordance with paragraphs 
(2) and (3). 
(2) DEVELOPMENT PROCESS.—Not later than 
90 days after the date of enactment of this Act, the 
Secretary shall enter into a contract with a qualified 
physician consensus-building organization (such as 
the Physician Consortium for Performance Improve-
ment), in concert and agreement with physician spe-
cialty organizations, to develop guidelines. The con-
tract shall require that the organization submit 
guidelines to the agency not later than 18 months 
after the date of enactment of this Act. 
(3) ISSUANCE.— 
(A) IN GENERAL.—Not later than 2 years 
after the date of the enactment of this Act, the 
Secretary shall, after notice and opportunity for 
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public comment, make a rule that provides for 
the establishment of the guidelines submitted 
under paragraph (2). 
(B) LIMITATION.—The Secretary may not 
make a rule that includes guidelines other than 
those submitted under paragraph (2). 
(C) DISSEMINATION.—The Secretary shall 
post such guidelines on the public Internet web 
page of the Department of Health and Human 
Services. 
(4) MAINTENANCE.—Not later than 4 years 
after the date of enactment of this Act, and every 
2 years thereafter, the Secretary shall review the 
guidelines and shall, as necessary, enter into con-
tracts similar to the contract described in paragraph 
(2), and issue guidelines in a manner similar to the 
issuance of guidelines under paragraph (3). 
(b) LIMITATION ON DAMAGES.— 
(1) LIMITATION ON NONECONOMIC DAMAGES.— 
In any health care lawsuit, a court may not award 
noneconomic damages with respect to treatment that 
is consistent with a guideline issued under sub-
section (a). 
(2) LIMITATION
ON
PUNITIVE
DAMAGES.—In 
any health care lawsuit, no punitive damages may be 
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