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Code · BILL · 116th Congress · S. 4775 (Placed on Calendar Senate) — To provide continued emergency assistance, educational support, and health care response for individuals, families, a... · Sec. 2141

Sec. 2141. Application of part

626 words·~3 min read·/bill/116/s/4775/pcs/section-2141·

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This part 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 subtitle. The provisions of this part 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 part, nothing in this part expands any liability otherwise imposed or limits any defense otherwise available under Federal, State, or Tribal law. Nothing in this part abrogates the immunity of any State, or waives the immunity of any Tribal government. The limitations on liability provided under this part 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 part.
Except as described in paragraphs
(2)through (6), this part preempts and supersedes any Federal, State, or Tribal law, including statutes, regulations, rules, orders, proclamations, 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 part 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 part. Any such provision of Federal, State, or Tribal law shall be applied in addition to the requirements of this part and not in lieu thereof. Nothing in this part 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 part 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 part 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 part 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 part 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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Sec. 2141
Application of part
Cite42 USC 247d–6d
Cite42 USC 247d–6e
Cite42 USC 300aa–1
Cites 3Cited by 0 across 0 sources
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