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Duty of care: standard of care or
Sec 261. -- Construction Regarding Standard Of Care.
(a) IN GENERAL.
DIVISION A TITLE II SUBTITLE F SEC 261. (a)
Automated Concept:

DUTY of care owed by health care providers to patients in medical malpractice action or claim USC 11151(7) ;   Development, recognition or implementation of guideline or other standard under provision described in subsection not to be construed to establish standard of care or

Index of Sec 261. ...

Health care
Sec 261. -- Construction Regarding Standard Of Care.
(a) IN GENERAL.
DIVISION A TITLE II SUBTITLE F SEC 261. (a)
Automated Concept:

HEALTH care providers to patients in medical malpractice action or claim USC 11151(7) ;   Development, recognition or implementation of guideline or other standard under provision described in subsection not to be construed to establish standard of care or duty of care owed by

Index of Sec 261. ...

Malpractice action or claim USC 11151(7): medical
Sec 261. -- Construction Regarding Standard Of Care.
(a) IN GENERAL.
DIVISION A TITLE II SUBTITLE F SEC 261. (a)
Automated Concept:

MALPRACTICE action or claim USC 11151(7) ;   Development, recognition or implementation of guideline or other standard under provision described in subsection not to be construed to establish standard of care or duty of care owed by health care providers to patients in medical

Index of Sec 261. ...

Recognition or implementation of guideline
Sec 261. -- Construction Regarding Standard Of Care.
(a) IN GENERAL.
DIVISION A TITLE II SUBTITLE F SEC 261. (a)
Automated Concept:

DUTY of care owed by health care providers to patients in medical malpractice action or claim USC 11151(7) ;   Development, recognition or implementation of guideline or other standard under provision described in subsection not to be construed to establish standard of care or

Index of Sec 261. ...


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111th CONGRESS
1st Session


    To provide affordable, quality health care for all Americans and reduce the growth in health care spending, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

July 14, 2009

    Mr. Dingell (for himself, Mr. Rangel, Mr. Waxman, Mr. George Miller of California, Mr. Stark, Mr. Pallone, and Mr. Andrews) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and Labor, Oversight and Government Reform, and the Budget, 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

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

SEC. 261. Construction regarding standard of care.

(a) In general.—The development, recognition, or implementation of any guideline or other standard under a provision described in subsection (b) shall not be construed to establish the standard of care or duty of care owed by health care providers to their patients in any 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)).

(b) Provisions described.—The provisions described in this subsection are the following:

(1) Section 324 (relating to modernized payment initiatives and delivery system reform under the public health option).

(2) The amendments made by section 1151 (relating to reducing potentially preventable hospital readmissions).

(3) The amendments made by section 1751 (relating to health care acquired conditions).

(4) Section 3131 of the Public Health Service Act (relating to the Task Force on Clinical Preventive Services), added by section 2301.

(5) Part D of title IX of the Public Health Service Act (relating to implementation of best practices in the delivery of health care), added by section 2401.


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