In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Ex Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Identity Theft Prevention 
Act of 2010''.

SEC. 2. PROHIBITION OF INCLUSION OF SOCIAL SECURITY ACCOUNT NUMBERS ON 
              MEDICARE CARDS.

    (a) In General.--Section 205(c)(2)(C) of the Social Security Act 
(42 U.S.C. 405(c)(2)(C)), as amended by section 1414(a)(2) of the 
Patient Protection and Affordable Care Act (Public Law 111-148), is 
amended by adding at the end the following new clause:
    ``(xi) The Secretary of Health and Human Services, in consultation 
with the Commissioner of Social Security, shall establish cost-
effective procedures to ensure that a social security account number 
(or any derivative thereof) is not displayed, coded, or embedded on the 
Medicare card issued to an individual who is entitled to benefits under 
part A of title XVIII or enrolled under part B of title XVIII and that 
any other identifier displayed on such card is easily identifiable as 
not being the social security account number (or a derivative 
thereof).''.
    (b) Effective Date.--
            (1) In general.--The amendment made by subsection (a) shall 
        apply with respect to Medicare cards issued on and after an 
        effective date specified by the Secretary of Health and Human 
        Services, but in no case shall such effective date be later 
        than the date that is 24 months after the date adequate funding 
        is provided pursuant to subsection (d)(2).
            (2) Reissuance.--Subject to subsection (d)(2), in the case 
        of individuals who have been issued such cards before such 
        date, the Secretary of Health and Human Services--
                    (A) shall provide for the reissuance for such 
                individuals of such a card that complies with such 
                amendment not later than 3 years after the effective 
                date specified under paragraph (1); and
                    (B) may permit such individuals to apply for the 
                reissuance of such a card that complies with such 
                amendment before the date of reissuance otherwise 
                provided under subparagraph (A) in such exceptional 
                circumstances as the Secretary may specify.
    (c) Outreach Program.--Subject to subsection (d)(2), the Secretary 
of Health and Human Services, in consultation with the Commissioner of 
Social Security, shall conduct an outreach program to Medicare 
beneficiaries and providers about the new Medicare card provided under 
this section.
    (d) Report to Congress and Limitations on Effective Date.--
            (1) Report.--Not later than 90 days after the date of the 
        enactment of this Act, the Secretary of Health and Human 
        Services, acting through the Administrator of the Centers for 
        Medicare & Medicaid Services and in consultation with the 
        Commissioner of Social Security, shall submit to Congress a 
        report that includes detailed options regarding the 
        implementation of this section, including line-item estimates 
        of and justifications for the costs associated with such 
        options and estimates of timeframes for each stage of 
        implementation. In recommending such options, the Secretary 
        shall take into consideration, among other factors, cost-
        effectiveness and beneficiary outreach and education.
            (2) Limitation; modification of deadlines.--With respect to 
        the amendment made by subsection (a), and the requirements of 
        subsections (b) and (c)--
                    (A) such amendment and requirements shall not apply 
                until adequate funding is appropriated pursuant to 
                paragraph (3) to implement the provisions of this 
                section, as determined by Congress; and
                    (B) any deadlines otherwise established under this 
                section for such amendment and requirements are 
                contingent upon the receipt of adequate funding (as 
                determined in subparagraph (A)) for such 
                implementation.
        The previous sentence shall not affect the timely submission of 
        the report required under paragraph (1).
            (3) Authorization of appropriations.--
                    (A) In general.--In addition to any amounts made 
                available to the Secretary of Health and Human Services 
                for the Program Management Account of the Centers for 
                Medicare & Medicaid Services for administrative 
                expenses and to the Commissioner of Social Security for 
                administrative expenses, and subject to subparagraph 
                (B), taking into consideration the report submitted 
                under paragraph (1), there are authorized to be 
                appropriated such sums as are necessary to carry out 
                the previous subsections of this section, including 
                section 205(c)(2)(C)(xi) of the Social Security Act, as 
                added by subsection (a), for each of the five fiscal 
                years beginning after the date of submittal of the 
                report under paragraph (1).
                    (B) Limitation.--Such funds are not authorized to 
                be appropriated until after receipt of the report 
                provided under paragraph (1).

Ex Output:
Medicare Identity Theft Prevention Act of 2010 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish cost-effective procedures to ensure that: (1) a Social Security account number (or any derivative) is not displayed, coded, or embedded on the Medicare card issued to an individual entitled to benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act or enrolled under Medicare part B (Supplementary Medical Insurance); and (2) any other identifier displayed on such card is easily identifiable as not being the Social Security account number (or a derivative).


Ex Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bridges to the Cuban People Act of 
2001''.

   TITLE I--FACILITATION OF THE EXPORT OF FOOD AND MEDICINES TO CUBA

SEC. 101. EXEMPTION FROM PROHIBITIONS AND RESTRICTIONS ON TRADE WITH 
              CUBA TO PERMIT THE EXPORT OF FOOD AND MEDICINES TO CUBA.

    (a) In General.--Except as provided in subsection (b), any 
prohibition or restriction in law or regulation on trade or financial 
transactions with Cuba shall not apply with respect to the export of 
any agricultural commodity, farm machinery or equipment, medicine, or 
medical device, or with respect to travel incident to the sale or 
delivery of any agricultural commodity, farm machinery or equipment, 
medicine, or medical device, to Cuba.
    (b) Exceptions.--Subsection (a) does not apply to--
            (1) any prohibition or restriction imposed under the Export 
        Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) or 
        successor statute for goods containing parts or components on 
        which export controls are in effect under that section; or
            (2) any prohibition or restriction imposed under section 
        203 of the International Emergency Economic Powers Act (50 
        U.S.C. 1702) insofar as the prohibition or restriction is 
        exercised to deal with a threat to the national security of the 
        United States by virtue of the technology incorporated in such 
        machinery or equipment.
    (c) Supersedes Existing Law.--Subsection (a) supersedes the Trade 
Sanctions Reform and Export Enhancement Act of 2000 (title IX of H.R. 
5426 of the One Hundred Sixth Congress, as enacted into law by section 
1(a) of Public Law 106-387, and as contained in the appendix of that 
Act) or any other provision of law.

SEC. 102. REMOVAL OF CERTAIN PROHIBITIONS ON VESSELS ENTERING UNITED 
              STATES PORTS.

    Section 1706(b) of the Cuban Democracy Act of 1992 (22 U.S.C. 
6005(b); prohibiting certain vessels from entering United States ports) 
shall not apply with respect to vessels that transport to Cuba any item 
the export of which is permitted under section 101 or 404 of this Act.

SEC. 103. STUDY AND REPORT RELATING TO EXPORT PROMOTION AND CREDIT 
              PROGRAMS FOR CUBA.

    (a) Study.--The Secretary of Agriculture shall conduct a study of 
United States agricultural export promotion and credit programs in 
effect as of the date of enactment of this Act to determine how such 
programs may be carried out to promote the consumption of United States 
agricultural commodities in Cuba.
    (b) Report.--Not later than 90 days after the date of enactment of 
this Act, the Secretary of Agriculture shall submit to the Committee on 
Agriculture of the House of Representatives and the Committee on 
Agriculture, Nutrition, and Forestry of the Senate a report 
containing--
            (1) the results of the study conducted under subsection 
        (a); and
            (2) recommendations for proposed legislation, if any, to 
        improve the ability of the Secretary of Agriculture to utilize 
        United States agricultural export promotion and credit programs 
        with respect to the consumption of United States agricultural 
        commodities in Cuba.

SEC. 104. REPORT TO CONGRESS.

    Not later than 6 months after the date of enactment of this Act, 
the President shall submit to Congress a report that sets forth--
            (1) the extent (expressed in volume and dollar amounts) of 
        sales to Cuba of agricultural commodities, farm machinery and 
        equipment, medicines, and medical devices, since the date of 
        enactment of this Act;
            (2) a description of the types of the goods so exported; 
        and
            (3) whether there has been any indication that any medicine 
        or medical device exported to Cuba since the date of enactment 
        of this Act--
                    (A) has been used for purposes of torture or other 
                human rights abuses;
                    (B) was reexported; or
                    (C) was used in the production of any bio-
                technological product.

SEC. 105. DEFINITIONS.

    In this title:
            (1) Agricultural commodity.--The term ``agricultural 
        commodity''--
                    (A) has the meaning given the term in section 102 
                of the Agricultural Trade Act of 1978 (7 U.S.C. 5602); 
                and
                    (B) includes fertilizer.
            (2) Medical device.--The term ``medical device'' has the 
        meaning given the term ``device'' in section 201 of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 321).
            (3) Medicine.--The term ``medicine'' has the meaning given 
        the term ``drug'' in section 201 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 7321).

 TITLE II--EASING OF RESTRICTIONS ON TRAVEL BY UNITED STATES NATIONALS 
                                TO CUBA

SEC. 201. TRAVEL TO CUBA.

    (a) In General.--
            (1) Freedom of travel for united states nationals and 
        lawful permanent resident aliens.--
                    (A) In general.--Subject to subsection (b), the 
                President shall not regulate or prohibit, directly or 
                indirectly--
                            (i) travel to, from, or within Cuba by 
                        nationals of the United States or aliens 
                        lawfully admitted for permanent residence in 
                        the United States; or
                            (ii) any of the transactions incident to 
                        such travel that are set forth in paragraph 
                        (2).
                    (B) Supersedes existing law.--Subparagraph (A) 
                supersedes any other provision of law.
            (2) Transactions incident to travel.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the transactions referred to in paragraph (1) 
                are--
                            (i) any transaction ordinarily incident to 
                        travel to or from Cuba, including the 
                        importation into Cuba or the United States of 
                        accompanied baggage for personal use only;
                            (ii) any transaction ordinarily incident to 
                        travel or maintenance within Cuba, including 
                        the payment of living expenses and the 
                        acquisition of goods or services for personal 
                        use;
                            (iii) any transaction ordinarily incident 
                        to the arrangement, promotion, or facilitation 
                        of travel to, from, or within Cuba;
                            (iv) any transaction incident to 
                        nonscheduled air, sea, or land voyages, except 
                        that this clause does not authorize the 
                        carriage of articles into Cuba or the United 
                        States except accompanied baggage; and
                            (v) any normal banking transaction incident 
                        to any activity described in any of the 
                        preceding clauses, including the issuance, 
                        clearing, processing, or payment of checks, 
                        drafts, travelers checks, credit or debit card 
                        instruments, or similar instruments.
                    (B) Exclusion of certain goods for personal 
                consumption.--The transactions described in 
                subparagraph (A) do not include the importation into 
                the United States of goods for personal consumption 
                acquired in Cuba in excess of the amount established by 
                the Secretary of the Treasury pursuant to section 321 
                of the Tariff Act of 1930 (19 U.S.C. 1321) or otherwise 
                authorized by law.
    (b) Exceptions.--The prohibition contained in subsection (a)(1) 
does not apply in a case in which--
            (1) the United States is at war with Cuba;
            (2) armed hostilities between the two countries are in 
        progress or imminent; or
            (3) there is a credible threat to the public health or the 
        physical safety of nationals of the United States who are 
        traveling to, from, or within Cuba.
    (c) Applicability.--This section applies to actions taken by the 
President before the date of enactment of this Act that are in effect 
on such date, and to actions taken on or after such date.
    (d) Repeals.--There are repealed the following provisions of law:
            (1) Section 102(h) of Public Law 104-114 (22 U.S.C. 
        6032(h)).
            (2) Section 910 of the Trade Sanctions Reform and Export 
        Enhancement Act of 2000 (title IX of H.R. 5426 of the One 
        Hundred Sixth Congress, as enacted into law by section 1(a) of 
        Public Law 106-387, and as contained in the appendix of that 
        Act).
    (e) Definitions.--In this section:
            (1) Lawfully admitted for permanent residence.--The term 
        ``lawfully admitted for permanent residence'' has the meaning 
        given the term in section 101(a)(20) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(20)).
            (2) National of the united states.--The term ``national of 
        the United States'' has the meaning given the term in section 
        101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(22)).

          TITLE III--SCHOLARSHIPS FOR CERTAIN CUBAN NATIONALS

SEC. 301. SCHOLARSHIPS FOR GRADUATE STUDY.

    (a) Authority.--
            (1) In general.--The President is authorized to provide 
        scholarships under section 102 of the Mutual Educational and 
        Cultural Exchange Act of 1961 (22 U.S.C. 2452) for nationals of 
        Cuba who seek to undertake graduate study in public health, 
        public policy, economics, law, or other field of social 
        science. In awarding scholarships under this paragraph, the 
        President shall give preference to individuals not employed by 
        the Cuban government or actively participating in the communist 
        party.
            (2) Superseding existing law.--The authority of paragraph 
        (1) shall be exercised without regard to any other provision of 
        law.
    (b) Allocation of Funds.--Of the amounts authorized to be 
appropriated to carry out the Mutual Educational and Cultural Exchange 
Act of 1961 (22 U.S.C. 2451 et seq.) for fiscal years 2002 through 
2006, the following amounts are authorized to be available to carry out 
subsection (a):
            (1) For fiscal year 2002, $1,400,000 for not to exceed 20 
        scholarships.
            (2) For fiscal year 2003, $1,750,000 for not to exceed 25 
        scholarships.
            (3) For fiscal year 2004, $2,450,000 for not to exceed 35 
        scholarships.
            (4) For fiscal year 2005, $2,450,000 for not to exceed 35 
        scholarships.
            (5) For fiscal year 2006, $2,450,000 for not to exceed 35 
        scholarships.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. WAIVER AUTHORITY WITH RESPECT TO THE PUBLIC LAW 104-114.

    (a) Waiver of Sanctions and Restrictions on Assistance.--
Notwithstanding any other provision of law, the President may waive any 
provision of title I or title II of Public Law 104-114 (22 U.S.C. 6021 
et seq.) if the President determines that to do so will promote the 
peaceful transition to democracy in Cuba.
    (b) Waiver of Grounds of Inadmissibility of Certain Aliens.--
Notwithstanding any other provision of law or regulation, the President 
may waive provisions of title IV of Public Law 104-114 (22 U.S.C. 6021 
et seq.; relating to the inadmissibility of certain aliens) if the 
President determines that to do so will further the national economic 
interest of the United States.

SEC. 402. PROHIBITION ON LIMITING ANNUAL REMITTANCES.

    (a) In General.--Except as provided in subsection (b), the 
Secretary of the Treasury may not limit the amount of remittances to 
Cuba that may be made by any person who is subject to the jurisdiction 
of the United States, and the Secretary shall rescind all regulations 
in effect on the date of enactment of this Act that so limit the amount 
of those remittances.
    (b) Statutory Construction.--Nothing in subsection (a) may be 
construed to prohibit the prosecution or conviction of any person 
committing an offense described in section 1956 of title 18, United 
States Code (relating to the laundering of monetary instruments) or 
section 1957 of such title (relating to engaging in monetary 
transactions in property derived from specific unlawful activity).

SEC. 403. IMPORTATION OF DRUGS AND DEVICES.

    Any prohibition or restriction in law (including a regulation) on 
trade or financial transactions with Cuba shall not apply with respect 
to--
            (1) a new drug for which an application for investigation 
        under section 505(i) of the Federal Food, Drug, and Cosmetic 
        Act (21 U.S.C. 355(i)) has been submitted to the Secretary of 
        Health and Human Services;
            (2) a biological product for which an application for 
        investigation under section 351(a)(3) of the Public Health 
        Service Act (42 U.S.C. 262(a)(3)) has been submitted to the 
        Secretary of Health and Human Services;
            (3) a device for which an application for investigation 
        under section 520(g) of the Federal Food, Drug, and Cosmetic 
        Act (21 U.S.C. 360j(g)) has been submitted to the Secretary of 
        Health and Human Services;
            (4) a drug that is the subject of an approved application 
        under section 505 of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 355);
            (5) a biological product that is the subject of an approved 
        license under section 351 of the Public Health Service Act (42 
        U.S.C. 262); or
            (6) a device that--
                    (A) is cleared for marketing under section 510(k) 
                of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                360(k));
                    (B) is the subject of an approved application for 
                premarket approval under section 515 of the Federal 
                Food, Drug, and Cosmetic Act (21 U.S.C. 360e); or
                    (C) is exempted from premarket clearance under 
                subsection (l) or (m) of section 510 of the Federal 
                Food, Drug, and Cosmetic Act (21 U.S.C. 360).

SEC. 404. PROHIBITION ON UNILATERAL SANCTIONS ON GOODS OR SERVICES 
              INTENDED FOR EXCLUSIVE USE OF CHILDREN.

    Funds made available under any provision of law may not be used to 
administer or enforce any sanction by the United States on exports of 
goods or services intended for the exclusive use of children (other 
than a sanction imposed pursuant to an agreement with one or more other 
countries).

Ex Output:
Bridges to the Cuban People Act of 2001 - Exempts from the embargo on trade with Cuba (including prohibitions under the Cuban Democracy Act of 1992 against the unloading at a U.S. port of vessels that previously entered a Cuban port to engage in trade) the export of any agricultural commodity, farm machinery or equipment, medicine, or medical device, or any travel incident to the delivery of such items.Prohibits the President from prohibiting or regulating travel to or from or within Cuba by U.S. nationals or lawful resident aliens, including specified transactions ordinarily incident to such travel, financial or otherwise.Authorizes the President to provide scholarships for Cuban nationals who seek to undertake graduate study in public health, public policy, economics, law, or other field of social science.Authorizes the President to waive certain sanctions against, and restrictions on assistance to, Cuba, including the exclusion from the United States of certain aliens who have confiscated property in Cuba of U.S. nationals or who traffics in such property, if he determines that it will promote the peaceful transition to democracy in Cuba or will further U.S. national economic interests.Prohibits the Secretary of the Treasury from limiting the amount of remittances to Cuba that any U.S. person may make.Exempts from prohibitions or restrictions on trade with Cuba the import of certain drugs, biological products, and medical devices into the United States.Prohibits the use of funds to enforce unilateral sanctions on the export of goods and services intended for the exclusive use of children in Cuba.


Ex Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medical Malpractice Reform Act of 
1994''.

SEC. 2. CALCULATION AND PAYMENT OF DAMAGES IN MEDICAL MALPRACTICE 
              CLAIMS AND ACTIONS.

    (a) Limitation on Noneconomic Damages.--The total amount of 
noneconomic damages that may be awarded to a claimant and the members 
of the claimant's family for losses resulting from the injury which is 
the subject of a medical malpractice liability claim or action may not 
exceed $250,000, regardless of the number of parties against whom the 
claim or action is brought or the number of actions brought with 
respect to the injury.
    (b) Mandatory Offsets for Damages Paid by a Collateral Source.--
            (1) In general.--With respect to a medical malpractice 
        liability claim or action, the total amount of damages received 
        by an individual under such claim or action shall be reduced, 
        in accordance with paragraph (2), by any other payment that has 
        been, or will be, made to an individual to compensate such 
        individual for the injury that was the subject of such claim or 
        action.
            (2) Amount of reduction.--The amount by which an award of 
        damages to an individual for an injury shall be reduced under 
        paragraph (1) shall be--
                    (A) the total amount of any payments (other than 
                such award) that have been made or that will be made to 
                such individual to pay costs of or compensate such 
                individual for the injury that was the subject of the 
                claim or action; minus
                    (B) the amount paid by such individual (or by the 
                spouse, parent, or legal guardian of such individual) 
                to secure the payments described in subparagraph (A).
    (c) Periodic Payments for Future Losses.--
            (1) General rule.--In any medical malpractice liability 
        claim or action in which future economic damages exceed 
        $100,000, a defendant may not be required to pay such damages 
        in a single, lump-sum payment, but shall be permitted to make 
        such payments periodically based on when the damages are found 
        likely to occur, as such payments are determined by the court.
            (2) Waiver.--A court may waive the application of paragraph 
        (1) with respect to a defendant if the court determines that it 
        is not in the best interests of the plaintiff to receive 
        payments for damages on such a periodic basis.

SEC. 3. LIMITATION ON ATTORNEYS' CONTINGENCY FEES AND OTHER COSTS UNDER 
              MEDICAL MALPRACTICE CLAIMS.

    (a) In General.--An attorney who represents, on a contingency fee 
basis, a claimant in a medical malpractice liability claim may not 
charge, demand, receive, or collect for services rendered in connection 
with such claim in excess of the following amount recovered by judgment 
or settlement under such claim:
            (1) 25 percent of the first $150,000 (or portion thereof) 
        recovered, plus
            (2) 10 percent of any amount in excess of $150,000 
        recovered.
    (b) Calculation of Periodic Payments.--In the event that a judgment 
or settlement includes periodic or future payments of damages, the 
amount recovered for purposes of computing the limitation on the 
contingency fee under subsection (a) shall be based on the cost of the 
annuity or trust established to make the payments. In any case in which 
an annuity or trust is not established to make such payments, such 
amount shall be based on the present value of the payments.

SEC. 4. APPLICABILITY; EFFECT ON STATE LAW.

    (a) Applicability.--This Act shall apply with respect to any 
medical malpractice liability claim and to any medical malpractice 
liability action brought in any State or Federal court, except that 
this subtitle shall not apply to a claim or action for damages arising 
from a vaccine-related injury or death to the extent that title XXI of 
the Public Health Service Act applies to the claim or action.
    (b) Preemption.--The provisions of this Act shall preempt any State 
law to the extent such law is inconsistent with such provisions, except 
that such provisions shall not preempt any State law that places 
greater limitations on the amount of damages that may be awarded or the 
amount of attorneys' fees that may be collected with respect to medical 
malpractice liability claims.
    (c) Effect on Sovereign Immunity and Choice of Law or Venue.--
Nothing in subsection (b) shall be construed to--
            (1) waive or affect any defense of sovereign immunity 
        asserted by any State under any provision of law;
            (2) waive or affect any defense of sovereign immunity 
        asserted by the United States;
            (3) affect the applicability of any provision of the 
        Foreign Sovereign Immunities Act of 1976;
            (4) preempt State choice-of-law rules with respect to 
        claims brought by a foreign nation or a citizen of a foreign 
        nation; or
            (5) affect the right of any court to transfer venue or to 
        apply the law of a foreign nation or to dismiss a claim of a 
        foreign nation or of a citizen of a foreign nation on the 
        ground of inconvenient forum.
    (d) Federal Court Jurisdiction Not Established on Federal Question 
Grounds.--Nothing in this Act shall be construed to establish any 
jurisdiction in the district courts of the United States over medical 
malpractice liability actions on the basis of section 1331 or 1337 of 
title 28, United States Code.

SEC. 5. DEFINITIONS.

    As used in this Act:
            (1) Claimant.--The term ``claimant'' means any person who 
        alleges a medical malpractice liability claim, and any person 
        on whose behalf such a claim is alleged, including the decedent 
        in the case of an action brought through or on behalf of an 
        estate.
            (2) Economic damages.--The term ``economic damages'' means 
        damages paid to compensate an individual for hospital and other 
        medical expenses, lost wages, lost employment, and other 
        pecuniary losses.
            (3) Health care professional.--The term ``health care 
        professional'' means any individual who provides health care 
        services in a State and who is required by the laws or 
        regulations of the State to be licensed or certified by the 
        State to provide such services in the State.
            (4) Health care provider.--The term ``health care 
        provider'' means any organization or institution that is 
        engaged in the delivery of health care services in a State and 
        that is required by the laws or regulations of the State to be 
        licensed or certified by the State to engage in the delivery of 
        such services in the State.
            (5) Injury.--The term ``injury'' means any illness, 
        disease, or other harm that is the subject of a medical 
        malpractice liability action or a medical malpractice liability 
        claim.
            (6) Medical malpractice liability action.--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 medical malpractice liability claim, but does not 
        include any action in which the plaintiff's sole allegation is 
        an allegation of an intentional tort.
            (7) Medical malpractice liability claim.--The term 
        ``medical malpractice liability claim'' means a claim in which 
        the claimant alleges that injury was caused by the provision of 
        (or the failure to provide) health care services or the use of 
        a medical product.
            (8) Medical product.--
                    (A) In general.--The term ``medical product'' 
                means, with respect to the allegation of a claimant, a 
                drug (as defined in section 201(g)(1) of the Federal 
                Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)) or a 
                medical device (as defined in section 201(h) of the 
                Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)) 
                if--
                            (i) such drug or device was subject to 
                        premarket approval under section 505, 507, or 
                        515 of the Federal Food, Drug, and Cosmetic Act 
                        (21 U.S.C. 355, 357, or 360e) or section 351 of 
                        the Public Health Service Act (42 U.S.C. 262) 
                        with respect to the safety of the formulation 
                        or performance of the aspect of such drug or 
                        device which is the subject of the claimant's 
                        allegation or the adequacy of the packaging or 
                        labeling of such drug or device, and such drug 
                        or device is approved by the Food and Drug 
                        Administration; or
                            (ii) the drug or device is generally 
                        recognized as safe and effective under 
                        regulations issued by the Secretary of Health 
                        and Human Services under section 201(p) of the 
                        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                        321(p)).
                    (B) Exception in case of misrepresentation or 
                fraud.--Notwithstanding subparagraph (A), the term 
                ``medical product'' shall not include any product 
                described in such subparagraph if the claimant shows 
                that the product is approved by the Food and Drug 
                Administration for marketing as a result of withheld 
                information, misrepresentation, or an illegal payment 
                by manufacturer of the product.
            (9) Noneconomic damages.--The term ``noneconomic damages'' 
        means damages paid to compensate an individual for physical and 
        emotional pain, suffering, inconvenience, physical impairment, 
        mental anguish, disfigurement, loss of enjoyment of life, loss 
        of consortium, and other nonpecuniary losses, but does not 
        include punitive damages.
            (10) Punitive damages.--The term ``punitive damages'' means 
        compensation, in addition to compensation for actual harm 
        suffered, that is awarded for the purpose of punishing a person 
        for conduct deemed to be malicious, wanton, willful, or 
        excessively reckless.
            (11) State.--The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, Guam, and American Samoa.

SEC. 6. EFFECTIVE DATE.

    This Act shall apply with respect to claims accruing or actions 
brought on or after the date of the enactment of this Act.

Ex Output:

Medical Malpractice Reform Act of 1994 - Limits to $250,000 the total amount of noneconomic damages that may be awarded to a claimant and members of the claimant's family for losses resulting from the injury which is the subject of a medical malpractice liability claim or action (claim), regardless of the number of parties against whom the claim is brought or the number of actions brought. 
Provides for a reduction of the total amount of damages received by an individual under such claim by any other payment made to compensate for the injury. 
Specifies that, in any such claim in which future economic damages exceed $100,000, a defendant shall be permitted to make payments periodically, rather than in a single, lump-sum payment, based on when the damages are found likely to occur.  Permits a court to waive such provision if the court determines that it is not in the plaintiff's best interests to receive payments on a periodic basis. 
Prohibits an attorney from charging or collecting a contingency fee for services rendered in connection with such a claim in excess of:  (1) 25 percent of the first $150,000 (or portion thereof) recovered, plus; (2) ten percent of any amount in excess of $150,000 recovered. 
Makes this Act applicable to any such claim brought in State or Federal court, except with respect to a claim for damages arising from a vaccine-related injury or death to the extent that title XXI of the Public Health Service Act applies. 
Sets forth provisions regarding:  (1) preemption; and (2) effect on sovereign immunity and choice of law or venue.