§18122 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Guidelines or standards made, recognized, or put into effect under certain federal health laws do not by themselves create the legal duty a doctor, hospital, or other health care provider must meet in a medical malpractice or medical product liability lawsuit. Also, those federal laws do not cancel or replace state laws or common-law rules about medical or product liability. Federal health care provision: the Patient Protection and Affordable Care Act (Public Law 111–148), parts of the Health Care and Education Reconciliation Act of 2010 (Public Law 111–152), or titles 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: any licensed or required-to-be-licensed individual, group, corporation of health professionals, or hospital. Medical malpractice or medical product liability action or claim: malpractice claims, including claims about prescribing or providing drugs, devices, or biological products. State: includes the District of Columbia, Puerto Rico, and other U.S. territories.

Title 42, §18122

The Public Health and Welfare — Source: USLM XML via OLRC

(1)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)For purposes of this section:

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

(3)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Patient Protection and Affordable Care Act, referred to in pars. (2)(A) and (3), is Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 119. For complete classification of this Act to the Code, see

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note set out under section 18001 of this title and Tables. The Health Care and Education Reconciliation Act of 2010, referred to in pars. (2)(A) and (3), is Pub. L. 111–152, Mar. 30, 2010, 124 Stat. 1029. For complete classification of this Act to the Code, see

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of 2010 Amendment note set out under section 1305 of this title and Tables. The Social Security Act, referred to in pars. (2)(A) and (3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII and XIX of the Act are classified generally to subchapters XVIII (§ 1395 et seq.) and XIX (§ 1396 et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. Codification Section was enacted as part of the Medicare Access and CHIP Reauthorization Act of 2015, and not as part of the Patient Protection and Affordable Care Act which comprises this chapter.

§18122 Rule of Construction Regarding Health Care Providers

Summary

Title 42, §18122

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