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 fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on the Judiciary, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Standard of Care Pro-
tection Act of 2014’’. 
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SEC. 2. RULE OF CONSTRUCTION REGARDING HEALTH 
CARE PROVIDER STANDARDS OF CARE. 
(a) MAINTENANCE OF STATE STANDARDS.—The de-
velopment, 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 Rec-
onciliation 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 enti-
ty— 
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(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 stat-
ute or regulation. 
(3) MEDICAL MALPRACTICE OR MEDICAL PROD-
UCT LIABILITY ACTION OR CLAIM.—The term ‘‘med-
ical 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 
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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. 
Æ 
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