Safeguarding Access For Every Medicare Patient Act

Summary

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.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 21 October 2011

   Referred

   Referred to the Subcommittee on Health.

   Source: Committee

2. 21 October 2011

   Introduced

   Referred to the House Committee on Energy and Commerce.

   Source: IntroReferral

3. 21 October 2011

   Introduced

   Introduced in House

   Source: IntroReferral

4. 21 October 2011

   Introduced

   Introduced in House

   Source: IntroReferral

Votes

No vote records are attached yet.

Versions

• Introduced in House · 21 October 2011 · Official file

Documents

3 official files

• Introduced in House (text)

  Introduced in House · EN · 21 October 2011

  ViewDownloadOpen at official source

• Introduced in House (PDF)

  Introduced in House · EN · 21 October 2011

  ViewDownloadOpen at official source

• Introduced in House

  summary · EN · 21 October 2011

  Open at official source

Sponsors

• Tom Marino · R · Sponsor
• · hsif00 · Standing

Related records

• related to ← Behavioral Health Information Technology Act of 2012