Standard of Care Protection Act of 2013

Standard of Care Protection Act of 2013 - Declares that the development, recognition, or implementation of any guideline or other standard under any provision of the Patient Protection and Affordable Care Act (PPACA) or titles XVIII (Medicare) or XIX (Medicaid) of the Social Security Act 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 case.

Declares also that no provision of PPACA or amendments made by it shall be construed to preempt any state law governing medical professional liability cases.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1473 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1473

 To prevent certain Federal health care laws from establishing health 
 care provider standards of care in medical malpractice cases, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 10, 2013

  Mr. Gingrey of Georgia (for himself and Mr. Cuellar) introduced the 
   following bill; which was referred to the Committee on Energy and 
  Commerce, and in addition to the Committee on the Judiciary, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To prevent certain Federal health care laws from establishing health 
 care provider standards of care in medical malpractice cases, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Standard of Care Protection Act of 
2013''.

SEC. 2. CONSTRUCTION REGARDING HEALTH CARE PROVIDER STANDARDS OF CARE.

    (a) In General.--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 case.
    (b) Definitions.--For purposes of this Act:
            (1) The term ``Federal health care provision'' means any 
        provision of the Patient Protection and Affordable Care Act 
        (Public Law 111-148) and the amendments made by that Act, and 
        titles XVIII and XIX of the Social Security Act.
            (2) The term ``medical malpractice case'' means a medical 
        malpractice action or claim (as defined in section 431(7) of 
        the Health Care Quality Improvement Act of 1986 (42 U.S.C. 
        11151(7))).
            (3) The term ``State'' includes the District of Columbia, 
        Puerto Rico, and any other commonwealth, possession, or 
        territory of the United States.
    (c) No Preemption.--No provision of the Patient Protection and 
Affordable Care Act (Public Law 111-148) or the amendments made by that 
Act shall be construed to preempt any State law governing medical 
professional liability cases.
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