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Code · BILL · 116th Congress · S. 4317 (Introduced in Senate) — To lessen the burdens on interstate commerce by discouraging insubstantial lawsuits relating to COVID–19 while preser... · Sec. 141

Sec. 141. Application of subtitle

624 words·~3 min read·/bill/116/s/4317/is/section-141

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

This subtitle creates an exclusive cause of action for coronavirus-related medical liability actions. A plaintiff may prevail in a coronavirus-related medical liability action only in accordance with the requirements of this title. The provisions of this subtitle shall apply to— any cause of action that is a coronavirus-related medical liability action that was filed before the date of enactment of this Act and that is pending on such date of enactment; and any coronavirus-related medical liability action filed on or after such date of enactment.
Except as otherwise explicitly provided in this subtitle, nothing in this subtitle expands any liability otherwise imposed or limits any defense otherwise available under Federal, State, or Tribal law. Nothing in this subtitle abrogates the immunity of any State, or waives the immunity of any Tribal government. The limitations on liability provided under this subtitle shall control in any action properly filed against a State or Tribal government pursuant to a duly executed waiver by the State or Tribe of sovereign immunity and stating claims within the scope of this subtitle.
Except as described in paragraphs
(2)through (6), this subtitle preempts and supersedes any Federal, State, or Tribal law, including statutes, regulations, rules, or standards that are enacted, promulgated, or established under common law, related to recovery for personal injuries caused by, arising out of, or related to an act or omission by a health care provider in the course of arranging for or providing coronavirus-related health care services. Nothing in this subtitle shall be construed to affect the applicability of any provision of any Federal, State, or Tribal law that imposes stricter limits on damages or liabilities for personal injury caused by, arising out of, or related to an act or omission by a health care provider in the course of arranging for or providing coronavirus-related health care services, or otherwise affords greater protection to defendants in any coronavirus-related medical liability action than are provided in this subtitle. Any such provision of Federal, State, or Tribal law shall be applied in addition to the requirements of this subtitle and not in lieu thereof. Nothing in this subtitle shall be construed to impair, limit, or affect the authority of the Federal Government, or of any State, local, or Tribal government to bring any criminal, civil, or administrative enforcement action against any health care provider. Nothing in this subtitle shall be construed to affect the applicability of any provision of any Federal, State, or Tribal law that creates a cause of action for intentional discrimination on the basis of race, color, national origin, religion, sex (including pregnancy), disability, genetic information, or age. Nothing in this subtitle shall be construed to affect the applicability of section 319F–3 of the Public Health Service Act ( 42 U.S.C. 247d–6d ) to any act or omission involving a covered countermeasure, as defined in subsection
(i)of such section in arranging for or providing coronavirus-related health care services. Nothing in this subtitle shall be construed to affect the applicability of section 319F–4 of the Public Health Service Act ( 42 U.S.C. 247d–6e ). To the extent that title XXI of the Public Health Service Act ( 42 U.S.C. 300aa–1 et seq.) establishes a Federal rule applicable to a civil action brought for a vaccine-related injury or death, this subtitle does not affect the application of that rule to such an action. A coronavirus-related medical liability action may not be commenced in any Federal, State, or Tribal government court later than 1 year after the date of the alleged harm, damage, breach, or tort, unless tolled for— proof of fraud; intentional concealment; or the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person.
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  • 42 USC 247d–6d
  • 42 USC 247d–6e
  • 42 USC 300aa–1
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cites case law
Sec. 141
Application of subtitle
Cite42 USC 247d–6d
Cite42 USC 247d–6e
Cite42 USC 300aa–1
Cites 3Cited by 0 across 0 sources
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