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.
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 ‘‘Anti-Discrimination
in Health Care Act’’.
SEC. 
2. 
PROHIBITING 
PROVIDERS 
UNDER 
FEDERAL
HEALTH PROGRAMS FROM DENYING SERV-
ICES ON BASIS OF BENEFICIARY’S MAL-
PRACTICE HISTORY.
(a) IN GENERAL.—No individual or entity providing
services for which payment may be made under any of
the Federal programs described in section 4 may refuse,
on the grounds that an individual has been a plaintiff in
a medical malpractice liability action, to provide any serv-
ices to such an individual if the individual is eligible to
receive such services under the program.
(b) MEDICAL MALPRACTICE LIABILITY ACTION DE-
FINED.—In subsection (a), the term ‘‘medical malpractice
liability action’’ means a civil action brought in a State
or Federal court against a health care provider or health
care professional in which the plaintiff alleges a claim that
injury was caused by the provision of (or the failure to
provide) health care services.
SEC. 3. EXCLUSION FROM PARTICIPATION FOR VIOLA-
TIONS.
(a) IN GENERAL.—If the director of a Federal pro-
gram described in section 4 determines that an individual
or entity providing services under the program has know-
ingly refused to provide services in violation of section
2(a), the director shall exclude such individual or entity
from participation in the program for such period of time
as the director considers appropriate, upon such reason-
able notice to the public and the individual or entity ex-
cluded as the director may specify in regulation.
(b) NOTICE; HEARING; JUDICIAL REVIEW; APPLICA-
TION FOR TERMINATION OF EXCLUSION.—The provisions
of subsections (f) and (g) of section 1128 of the Social
Security Act shall apply with respect to the exclusion of
individuals and entities under subsection (a) and the direc-
tors of the Federal programs described in section 4 in the
same manner as such provisions apply to the exclusion of
individuals and entities from participation in any program
under title XVIII of such Act and State health care pro-
grams (as described in section 1128(h) of such Act) and
the Secretary of Health and Human Services.
(c) DEVELOPMENT OF PROCESS FOR FILING COM-
PLAINTS.—The Administrator of the Health Care Financ-
ing Administration shall develop procedures under which
an individual eligible to receive services under a Federal
program described in section 4 may file a complaint with
the director of the program alleging that a participant in
the program has refused to provide services to the individ-
ual in violation of section 2(a).
SEC. 4. FEDERAL PROGRAMS DESCRIBED.
The Federal programs described in this section are
as follows:
(1) The health insurance program under title
XVIII of the Social Security Act.
(2) A State plan for medical assistance under
title XIX of the Social Security Act.
(3) The health benefit program for Federal em-
ployees under chapter 89 of title 5, United States
Code.
(4) Any program for the provision of hospital
care and medical services by the Department of Vet-
erans Affairs under chapter 17 of title 38, United
States Code.
(5) A program for the provision of services at
facilities of the Indian Health Service or at other fa-
cilities under the Indian Health Care Improvement
Act.
(6) The program authorized under sections
1079 and 1086 of title 10, United States Code.
(7) The program for providing medical care at
facilities of the uniformed services under title 10,
United States Code.
Æ