H.R. 3239 · 112th Congress
Safeguarding Access For Every Medicare Patient Act
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Never voted on. It didn't reach a floor vote before the 112th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
R
MarinoSponsorNo cosponsors.
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.
What it does: CRS summary · Introduced in House · Oct 21, 2011
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.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: Safeguarding Access For Every Medicare Patient Act
Latest action (Oct 21, 2011): Referred to the Subcommittee on Health.
Policy area: Health · Origin: House · Introduced: Oct 21, 2011
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.