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Code · BILL · 116th Congress · H.R. 1332 (Introduced in House) — To address the high costs of health care services, prescription drugs, and health insurance coverage in the United St... · Sec. 238

Sec. 238. Rules of construction

195 words·~1 min read·/bill/116/hr/1332/ih/section-238·

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

Unless otherwise specified in this subtitle, 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. No provision of this subtitle shall be construed to preempt any defense available to a party in a health care lawsuit under any other provision of State or Federal law.
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