Standard of Care Protection Act of 2013

Bill: 113-hr-1473
Sponsor: full_name: Rep. Gingrey, Phil [R-GA-11]
Introduced: 2013-04-10
Policy area: Health
Subjects: Administrative law and regulatory procedures

Civil actions and liability

Department of Health and Human Services

Evidence and witnesses

Health care quality
Latest action: action_date: 2013-04-30
text: Referred to the Subcommittee on the Constitution and Civil Justice.

Summaries:
action_date: 2013-04-10
action_desc: Introduced in House
text: <p>Standard of Care Protection Act of 2013 - Declares that the development, recognition, or implementation of any guideline or other standard under any provision of the Patient Protection and Affordable Care Act (PPACA) or titles XVIII (Medicare) or XIX (Medicaid) of the Social Security Act 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 case.</p>  <p>Declares also that no provision of PPACA or amendments made by it shall be construed to preempt any state law governing medical professional liability cases.</p>

tv_txt: I 113th CONGRESS 1st Session H. R. 1473 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mr. Gingrey of Georgia (for himself and Mr. Cuellar ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prevent certain Federal health care laws from establishing health care provider standards of care in medical malpractice cases, and for other purposes.

1. Short title This Act may be cited as the Standard of Care Protection Act of 2013 . 2. Construction regarding health care provider standards of care (a) 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 case. (b) Definitions For purposes of this Act: (1) The term Federal health care provision means any provision of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) and the amendments made by that Act, and titles XVIII and XIX of the Social Security Act. (2) The term medical malpractice case 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))). (3) The term State includes the District of Columbia, Puerto Rico, and any other commonwealth, possession, or territory of the United States. (c) No preemption No provision of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) or the amendments made by that Act shall be construed to preempt any State law governing medical professional liability cases.