§ 18122. Rule of construction regarding health care providers

586 words·~3 min read·/usc/title-42/section-18122

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(1)In general Subject to paragraph (3), the development, recognition, or implementation of any guideline or other standard under any Federal health care provision shall not be construed to establish the standard of care or duty of care owed by a health care provider to a patient in any medical malpractice or medical product liability action or claim.

(2)Definitions For purposes of this section:

(A)Federal health care provision The term “Federal health care provision” means any provision of the Patient Protection and Affordable Care Act (Public Law 111–148), title I or subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 (Public Law 111–152), or title XVIII or XIX of the Social Security Act (42 U.S.C. 1395 et seq., 42 U.S.C. 1396 et seq.).

(B)Health care provider The term “health care provider” means any individual, group practice, corporation of health care professionals, or hospital—

(i)licensed, registered, or certified under Federal or State laws or regulations to provide health care services; or

(ii)required to be so licensed, registered, or certified but that is exempted by other statute or regulation.

(C)Medical malpractice or medical product liability action or claim The term “medical malpractice or medical product liability action or claim” means a medical malpractice action or claim (as defined in section 11151(7) of this title) and includes a liability action or claim relating to a health care provider’s prescription or provision of a drug, device, or biological product (as such terms are defined in section 321 of title 21 or section 262 of this title).

(D)State The term “State” includes the District of Columbia, Puerto Rico, and any other commonwealth, possession, or territory of the United States.

(3)No preemption Nothing in paragraph

(1)or any provision of the Patient Protection and Affordable Care Act (Public Law 111–148), title I or subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 (Public Law 111–152), or title XVIII or XIX of the Social Security Act (42 U.S.C. 1395 et seq., 42 U.S.C. 1396 et seq.) shall be construed to preempt any State or common law governing medical professional or medical product liability actions or claims.

(Pub. L. 114–10, title I, § 106(d), Apr. 16, 2015, 129 Stat. 142.)

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