Sec. 2. Rule of construction regarding health care provider standards of care
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/bill/113/hr/4750/ih/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 or medical product liability action or claim; or to preempt any standard of care or duty of care, owed by a health care provider to a patient, duly established under State or common law. For purposes of this Act:
The term Federal health care provision means any provision of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), title I or subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ), or title XVIII or XIX of the Social Security Act. The term health care provider means any individual or entity— licensed, registered, or certified under Federal or State laws or regulations to provide health care services; or required to be so licensed, registered, or certified but that is exempted by other statute or regulation.
The term medical malpractice or medical product liability action or claim 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) )) and includes a liability action or claim relating to a health care provider’s prescription or provision of a drug, device, or biological product (as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act or section 351 of the Public Health Service Act).
The term State includes the District of Columbia, Puerto Rico, and any other commonwealth, possession, or territory of the United States.
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U.S. Code
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- Pub. L. 111-148
- Pub. L. 111-152
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Sec. 2
Rule of construction regarding health care provider standards of care
Pub. L.Pub. L. 111-148
Pub. L.Pub. L. 111-152
Cites 3Cited by 0 across 0 sources