expenses, loss of past and future earnings, cost of obtain-
ing domestic services, loss of employment, and loss of busi-
ness or employment opportunities. 
(d) CERTIFIED EHR TECHNOLOGY.—The term ‘‘cer-
tified EHR technology’’ has the meaning given such term 
in section 1848(o)(4) of the Social Security Act. 
(e) EHR-RELATED ADVERSE EVENT.—The term 
‘‘EHR-related adverse event’’ means, with respect to a 
provider, a defect, malfunction, or error in the certified 
health information technology or electronic health record 
used by the provider, or in the input or output of data 
maintained through such technology or record, that results 
or could reasonably result in harm to a patient. 
(f) HEALTH CARE LAWSUIT.—The term ‘‘health care 
lawsuit’’ means any health care liability claim concerning 
the provision of health care items or services or any med-
ical product affecting interstate commerce, or any health 
care liability action concerning the provision of health care 
items or services or any medical product affecting inter-
state commerce, brought in a State or Federal court or 
pursuant to an alternative dispute resolution system, 
against a health care provider, a health care organization, 
or the manufacturer, distributor, supplier, marketer, pro-
moter, or seller of a medical product, regardless of the 
theory of liability on which the claim is based, or the num-
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ber of claimants, plaintiffs, defendants, or other parties, 
or the number of claims or causes of action, in which the 
claimant alleges a health care liability claim. Such term 
does not include a claim or action which is based on crimi-
nal liability; which seeks civil fines or penalties paid to 
Federal, State, or local government; or which is grounded 
in antitrust. 
(g) HEALTH CARE LIABILITY ACTION.—The term 
‘‘health care liability action’’ means a civil action brought 
in a State or Federal court or pursuant to an alternative 
dispute resolution system, against a health care provider, 
a health care organization, or the manufacturer, dis-
tributor, supplier, marketer, promoter, or seller of a med-
ical product, regardless of the theory of liability on which 
the claim is based, or the number of plaintiffs, defendants, 
or other parties, or the number of causes of action, in 
which the claimant alleges a health care liability claim. 
(h) HEALTH CARE LIABILITY CLAIM.—The term 
‘‘health care liability claim’’ means a demand by any per-
son, whether or not pursuant to alternative dispute resolu-
tion, against a health care provider, health care organiza-
tion, or the manufacturer, distributor, supplier, marketer, 
promoter, or seller of a medical product, including third- 
party claims, cross-claims, counter-claims, or contribution 
claims, which are based upon the provision of, use of, or 
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payment for (or the failure to provide, use or pay for) 
health care services or medical products, regardless of the 
theory of liability on which the claim is based, or the num-
ber of plaintiffs, defendants, or other parties, or the num-
ber of causes of action. 
(i) HEALTH
CARE
ORGANIZATION.—The term 
‘‘health care organization’’ means any person or entity 
which is obligated to provide or pay for health benefits 
under any health plan, including any person or entity act-
ing under a contract or arrangement with a health care 
organization to provide or administer any health benefit. 
(j) HEALTH CARE PROVIDER.—The term ‘‘health 
care provider’’ means any person or entity required by 
State or Federal laws or regulations to be licensed, reg-
istered, or certified to provide health care services, and 
being either so licensed, registered, or certified, or exempt-
ed from such requirement by other statute or regulation. 
(k) HEALTH CARE ITEMS OR SERVICES.—The term 
‘‘health care items or services’’ means any items or serv-
ices provided by a health care organization, provider, or 
by any individual working under the supervision of a 
health care provider, that relates to the diagnosis, preven-
tion, or treatment of any human disease or impairment, 
or the assessment or care of the health of human beings. 
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(l) MALICIOUS INTENT TO INJURE.—The term ‘‘ma-
licious intent to injure’’ means intentionally causing or at-
tempting to cause physical injury other than providing 
health care items or services. 
(m) MEDICAL PRODUCT.—The term ‘‘medical prod-
uct’’ means a drug, device, or biological product intended 
for humans, and the terms ‘‘drug’’, ‘‘device’’, and ‘‘biologi-
cal product’’ have the meanings given such terms in sec-
tions 201(g)(1) and 201(h) of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 321(g)(1) and (h)) and sec-
tion 351(a) of the Public Health Service Act (42 U.S.C. 
262(a)), respectively, including any component or raw ma-
terial used therein, but excluding health care services. 
(n) NONECONOMIC
DAMAGES.—The term ‘‘non-
economic damages’’ means damages for physical impair-
ment, mental anguish, disfigurement, loss of enjoyment of 
life, loss of society and companionship, loss of consortium 
(other than loss of domestic service), hedonic damages, in-
jury to reputation, and all other nonpecuniary losses of 
any kind of nature. 
(o) PUNITIVE DAMAGES.—The term ‘‘punitive dam-
ages’’ means damages awarded, for the purpose of punish-
ment or deterrence, and not solely for compensatory pur-
poses, against a health care provider, health care organiza-
tion, or a manufacturer, distributor, or supplier of a med-
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ical product. Punitive damages are neither economic nor 
economic damages. 
(p) STATE.—The term ‘‘State’’ means each of the 
several States, District of Columbia, the Commonwealth 
of Puerto Rico, the Virgin Islands, Guam, American 
Samoa, the Northern Mariana Islands, the Trust Terri-
tory of the Pacific Islands, and any other territory or pos-
session of the United States, or any political subdivision 
thereof. 
Æ 
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