42 U.S.C. § 18122 — Rule of construction regarding health care providers

(1) In general — Subject to paragraph (3), when a guideline or other standard is developed, recognized, or put into practice under any "Federal health care provision," that fact alone does not establish the legal standard of care or duty of care a health care provider owes a patient in a medical malpractice or medical product liability action or claim.

(2) Definitions — (A) "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 (Medicare and Medicaid). (B) "Health care provider" means any individual, group practice, corporation of health care professionals, or hospital that is (i) licensed, registered, or certified under federal or State law to provide health care services, or (ii) required to be so licensed, registered, or certified but exempted by another statute or regulation. (C) "Medical malpractice or medical product liability action or claim" means a malpractice action or claim as defined in section 11151(7) of this title, including a claim relating to a provider's prescription or provision of a drug^*, device, or biological product (as defined in section 321 of title 21 or section 262 of this title). (D) "State" includes the District of Columbia, Puerto Rico, and any other commonwealth, possession, or territory of the United States.

(3) No preemption — Nothing in paragraph (1), or in any provision of the Patient Protection and Affordable Care Act, Title I or Subtitle B of Title II of the Health Care and Education Reconciliation Act of 2010, or Title XVIII or XIX of the Social Security Act, overrides any State or common law governing medical professional or medical product liability actions or claims.