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Code · BILL · 113th Congress · H.R. 3165 (Introduced in House) — To repeal the Patient Protection and Affordable Care Act and to take meaningful steps to lower health care costs and... · Sec. 313

Sec. 313. Statute of limitations; statute of repose

170 words·~1 min read·/bill/113/hr/3165/ih/section-313·

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When an individual is injured or dies as the result of health care, the statute of limitations shall be as follows: If the individual has attained the age of 12 years, the claim must be brought either— within 2 years after the negligence occurred; or within 2 years after the health care on which the claim is based is completed. If the individual has not attained the age of 12 years, the claim must be brought before the individual attains the age of 14 years. When an individual is injured or dies as the result of health care, the statute of repose shall be as follows:
The claim must be brought within 10 years after the act or omission on which the claim is based is completed. The statute of limitations required by subsection
(a)may be tolled if applicable law so provides, except that it may not be tolled on the basis of minority. The statute of repose required by subsection
(b)may not be tolled for any reason.
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