Sec. 6. Limitation on liability for a large hospital
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/bill/118/hr/10455/ih/section-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding any other provision of law, a large hospital shall not be liable in any covered civil action to a smaller health entity if such hospital provided cybersecurity assistance to such entity with respect to electronic data, unless such entity can prove by clear and convincing evidence that the alleged harm was caused by gross negligence or willful misconduct. For purposes of this section, any acts or omissions by a large hospital resulting from a resource or staffing shortage shall not be considered willful misconduct or gross negligence.
In this section: The term covered civil action means a civil action under State law from harm resulting from the acquisition, storage, security, use, misuse, disclosure, or transmission of electronic data of any kind, including— information security and privacy; penalties, including for regulatory defense; misuse of website media content; and disclosure, misuse, or improper (or inadequate) storage or security of personal and confidential information. The term large hospital means a hospital with 300 or more beds for the provision of patient care.
The term hospital has the meaning given such term in section 1861(e) of the Social Security Act ( 42 U.S.C. 1395x ). The term rural health clinic has the meaning given such term in section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x(aa)(2) ). The term small health entity means— a hospital with fewer than 299 beds for the provision of patient care; and a rural health clinic.
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Sec. 6
Limitation on liability for a large hospital
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