292 
program under title XVIII of the So-
cial Security Act (42 U.S.C. 1395 et 
seq.). 
(B) Issues that can facilitate or in-
hibit the use of telehealth under the 
Medicare program under such title, 
including oversight and professional 
licensure, changing technology, pri-
vacy and security, infrastructure re-
quirements, and varying needs across 
urban and rural areas. 
(C) 
Potential 
implications 
of 
greater use of telehealth with respect 
to 
payment 
and 
delivery 
system 
transformations under the Medicare 
program under such title XVIII and 
the Medicaid program under title XIX 
of such Act (42 U.S.C. 1396 et seq.). 
(D) How the Centers for Medicare 
& Medicaid Services conducts over-
sight of payments made under the 
Medicare program under such title 
XVIII to providers for telehealth serv-
ices. 
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293 
(2) REPORT.—Not later than 24 months 
after the date of the enactment of this 
Act, the Comptroller General shall submit 
to Congress a report containing the re-
sults of the study conducted under para-
graph (1), together with recommenda-
tions for such legislation and administra-
tive action as the Comptroller General 
determines appropriate. 
(f) RULE
OF
CONSTRUCTION
REGARDING 
HEALTH CARE PROVIDER STANDARDS OF CARE.— 
(1) 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. 
(2) DEFINITIONS.—For purposes of this 
subsection: 
(A) The term ‘‘Federal health care 
provision’’ means any provision of the 
Patient Protection and Affordable 
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294 
Care Act (Public Law 111–148), title I 
and subtitle B of title III of the 
Health Care and Education Reconcili-
ation Act of 2010 (Public Law 111– 
152), and titles XVIII and XIX of the 
Social Security Act. 
(B) The term ‘‘health care pro-
vider’’ means any individual or enti-
ty— 
(i) licensed, registered, or cer-
tified under Federal or State laws 
or regulations to provide health 
care services; or 
(ii) required to be so licensed, 
registered, or certified but that is 
exempted by other statute or reg-
ulation. 
(C) 
The 
term 
‘‘medical 
mal-
practice or medical liability action or 
claim’’ means a medical malpractice 
action or claim (as defined in section 
431(7) of the Health Care Quality Im-
provement Act of 1986 (42 U.S.C. 
11151(7))) and includes a liability ac-
tion or claim relating to a health care 
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295 
provider’s prescription or provision 
of a drug, device, or biological prod-
uct (as such terms are defined in sec-
tion 201 of the Federal Food, Drug, 
and Cosmetic Act or section 351 of 
the Public Health Service Act). 
(D) The term ‘‘State’’ includes the 
District of Columbia, Puerto Rico, 
and any other commonwealth, posses-
sion, or territory of the United States. 
(3) 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 shall be 
construed to preempt any State or com-
mon law governing medical professional 
or medical product liability actions or 
claims. 
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Union Calendar No. 283 
113TH CONGRESS 
2D SESSION 
H. R. 2810 
[Report No. 113–257, Parts I and II] 
A BILL 
To amend title XVIII of the Social Security Act to 
reform the sustainable growth rate and Medicare 
payment for physicians’ services, and for other 
purposes. 
MARCH 14, 2014 
Reported from the Committee on Ways and Means with 
an amendment, committed to the Committee of the 
Whole House on the State of the Union, and ordered 
to be printed 
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