H.R. 3239 (112th): Safeguarding Access For Every Medicare Patient Act

Introduced:
Oct 21, 2011 (112th Congress, 2011–2013)
Sponsor:
Rep. Tom Marino [R-PA10]
Status:
Died (Referred to Committee)

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was introduced on October 21, 2011, in a previous session of Congress, but was not enacted.

Progress
Introduced Oct 21, 2011
Referred to Committee Oct 21, 2011
Cosponsors
none
Committees

House Energy and Commerce

The committee chair determines whether a bill will move past the committee stage.

Full Title

To provide certain legal safe harbors to Medicare and Medicaid providers who participate in the EHR meaningful use program or otherwise demonstrate use of certified health information technology.

Summary

No summaries available.

Text

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Last updated Oct 21, 2011.
16 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

10/21/2011--Introduced.
Safeguarding Access for Every Medicare Patient Act - Authorizes a covered entity to submit to a Patient Safety Organization information on electronic health record (EHR)-related adverse events with respect to certified EHR technology the entity has used or provided.
Specifies covered entities as certain EHR users, health information exchange entities, and health care professionals who use EHR technology.
Defines an EHR-related adverse event as a defect, malfunction, or error in the certified health information technology or electronic health record used by a provider, or in the input or output of data maintained through such technology or record, that results or could reasonably result in harm to a patient.
Limits electronic discovery (e-discovery) in any health care lawsuit against a covered entity relating to an EHR-related adverse event involving certified EHR technology to information:
(1) related to that event, and
(2) from the period in which the event occurred.
Prohibits a claimant from commencing a lawsuit more than three years after the manifestation of injury or one year after the claimant discovers, or should have discovered, the injury, whichever occurs first.
Requires tolling of this limitation, however, to the extent that the claimant is able to prove:
(1) fraud;
(2) intentional concealment; or
(3) the presence of a foreign body, with no therapeutic or diagnostic purpose or effect, in the injured person.
Subjects each party to such a lawsuit which is not a covered entity to proportionate liability only.
Allows punitive damages against a covered entity only upon proof by clear and convincing evidence that the entity acted with reckless disregard for the claimant's health or safety.
Shields covered entities, employees, agents, and representatives from civil liability for libel or slander arising from information or entries made in certified EHR technology, or transferred to another eligible provider, if the information, entries, or transfer were made in good faith and without malice.

House Republican Conference Summary

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No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

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