§18122 Rule of Construction Regarding Health Care Providers

Summary

Federal guidelines or standards made under certain federal health laws do not set the legal standard of care or duty a health care provider must follow in a medical malpractice or medical product liability lawsuit. Nothing in those federal laws is meant to override or replace any State or common law about medical professional or product liability. Definitions (one line each): Federal health care provision = 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.). Health care provider = an individual, group practice, health professional corporation, or hospital that is licensed or must be licensed. Medical malpractice or medical product liability action = malpractice claims, including liability for prescribing or providing drugs, devices, or biological products (as defined in section 321 of title 21 or section 262 of this title). State = includes the District of Columbia, Puerto Rico, and other U.S. territories.