Sec. 501. Change in burden of proof based on compliance with best practice guidelines
431 words·~2 min read·
/bill/113/s/1851/is/section-501A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall provide for the selection and issuance of best practice guidelines for treatment of medical conditions (each in this subsection referred to as a guideline ) in accordance with paragraphs
(2)and (3). Not later than 90 days after the date of enactment of this title, the Secretary shall enter into a contract with a qualified physician consensus-building organization (such as the Physician Consortium for Performance Improvement), in concert and agreement with physician specialty organizations, to develop guidelines. The contract shall require that the organization submit guidelines to the agency not later than 18 months after the date of the enactment of this title. Not later than 2 years after the date of the enactment of this title, the Secretary shall, after notice and opportunity for public comment, make a rule that provides for the issuance of the guidelines submitted under paragraph (2). The Secretary may not make a rule that includes guidelines other than those submitted under paragraph (2). The Secretary shall post such guidelines on the public Internet Web page of the Department of Health and Human Services. Not later than 4 years after the date of enactment of this title, and every 2 years thereafter, the Secretary shall review the guidelines and shall, as necessary, enter into contracts similar to the contract described in paragraph (2), and issue guidelines in a manner similar to the issuance of guidelines under paragraph (3). If a defendant in a health care lawsuit relating to treatment of an individual establishes by a preponderance of the evidence that the treatment was provided in a manner consistent with an applicable guideline issued under subsection (a), the defendant may not be held liable unless the plaintiff establishes the liability of the defendant by clear and convincing evidence. Guidelines issued under subsection
(a)may not be introduced as evidence of negligence or deviation in the standard of care in any health care lawsuit unless they have previously been introduced by the defendant. There shall be no presumption of negligence with respect to treatment if a health care provider provides the treatment in a manner inconsistent with such guidelines. Nothing in this section shall be construed as preventing a State from— replacing their current medical malpractice rules with rules that rely, as a defense, upon a health care provider’s compliance with a guideline issued under subsection (a); or applying additional guidelines or limitations on liability that are in addition to, but not in lieu of, the guidelines issued under subsection (a).