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Code · BILL · 114th Congress · H.R. 3682 (Introduced in House) — To increase the competitiveness of American manufacturing by reducing regulatory and other burdens, encouraging great... · Sec. 719

Sec. 719. State flexibility and protection of States’ rights

297 words·~1 min read·/bill/114/hr/3682/ih/section-719

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The provisions governing health care lawsuits set forth in this subtitle preempt, subject to subsections
(b)and (c), State law to the extent that State law prevents the application of any provisions of law established by or under this subtitle. The provisions governing health care lawsuits set forth in this subtitle supersede chapter 171 of title 28, United States Code, to the extent that such chapter— provides for a greater amount of damages or contingent fees, a longer period in which a health care lawsuit may be commenced, or a reduced applicability or scope of periodic payment of future damages, than provided in this subtitle; or prohibits the introduction of evidence regarding collateral source benefits, or mandates or permits subrogation or a lien on collateral source benefits. Any issue that is not governed by any provision of law established by or under this subtitle (including State standards of negligence) shall be governed by otherwise applicable State or Federal law. This subtitle shall not preempt or supersede any State or Federal law that imposes greater procedural or substantive protections for health care providers and health care organizations from liability, loss, or damages than those provided by this subtitle or create a cause of action. No provision of this subtitle shall be construed to preempt— any State law (whether effective before, on, or after the date of the enactment of this subtitle) that specifies a particular monetary amount of compensatory or punitive damages (or the total amount of damages) that may be awarded in a health care lawsuit, regardless of whether such monetary amount is greater or lesser than is provided for under this subtitle, notwithstanding section 4(a); or any defense available to a party in a health care lawsuit under any other provision of State or Federal law.
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