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H.R. 5: Protecting Access to Healthcare Act

To improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system.
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Introduced : Mon, Jan 24, 2011
Sponsor : Rep. Gingrey, Phil (GA-11th [R])
Status : vote Thu, Mar 22, 2012

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2012-05-08T16:50:19Z
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Co-Sponsors
Member of the congressJoined date
Rep. Kline, John P. (MN-2nd [R]) Thu, Feb 10, 2011
Rep. Crenshaw, Ander (FL-4th [R]) Fri, Feb 11, 2011
Rep. Miller, Jeff (FL-1st [R]) Tue, Feb 8, 2011
Rep. Jenkins, Lynn M. (KS-2nd [R]) Tue, Mar 29, 2011
Rep. Westmoreland, Lynn A. (GA-3rd [R]) Tue, Feb 8, 2011
Rep. Capito, Shelley Moore (WV-2nd [R]) Wed, Mar 2, 2011
Rep. Gallegly, Elton W. (CA-24th [R]) Tue, Feb 8, 2011
Rep. Johnson, Samuel Robert (TX-3rd [R]) Tue, Mar 29, 2011
Rep. Dent, Charles W. (PA-15th [R]) Tue, Feb 8, 2011
Rep. Alexander, Rodney M. (LA-5th [R]) Mon, Feb 28, 2011
Rep. Bartlett, Roscoe G. (MD-6th [R]) Tue, Mar 29, 2011
Rep. Coffman, Mike (CO-6th [R]) Thu, Feb 10, 2011
Rep. Huelskamp, Tim (KS-1st [R]) Tue, Feb 8, 2011
Rep. Gerlach, Jim (PA-6th [R]) Tue, Feb 8, 2011
Rep. Heller, Dean (NV-2nd [R]) Tue, Feb 8, 2011
Rep. Labrador, Raúl (ID-1st [R]) Mon, Apr 4, 2011
Rep. Miller, Gary G. (CA-42nd [R]) Thu, Mar 3, 2011
Rep. Sessions, Peter A. (TX-32nd [R]) Tue, Jan 25, 2011
Rep. Gosar, Paul (AZ-1st [R]) Tue, Feb 8, 2011
Rep. Ellmers, Renee (NC-2nd [R]) Thu, Feb 10, 2011
Rep. Grimm, Michael (NY-13th [R]) Tue, Feb 8, 2011
Rep. McMorris-Rodgers, Cathy (WA-5th [R]) Tue, Feb 8, 2011
Rep. Fitzpatrick, Michael G. (PA-8th [R]) Thu, Feb 10, 2011
Rep. McKinley, David (WV-1st [R]) Mon, Feb 14, 2011
Rep. Kinzinger, Adam (IL-11th [R]) Tue, Mar 1, 2011
Rep. Calvert, Ken S. (CA-44th [R]) Fri, Feb 11, 2011
Rep. Rohrabacher, Dana T. (CA-46th [R]) Mon, Feb 28, 2011
Rep. Harper, Gregg (MS-3rd [R]) Tue, Feb 8, 2011
Rep. Smith, Lamar S. (TX-21st [R]) Mon, Jan 24, 2011
Rep. Biggert, Judy (IL-13th [R]) Tue, Feb 8, 2011
Rep. Bono Mack, Mary Whitaker (CA-45th [R]) Tue, Feb 8, 2011
Rep. Thompson, Glenn W. (PA-5th [R]) Tue, Mar 29, 2011
Rep. Graves, Samuel B. (MO-6th [R]) Tue, Feb 8, 2011
Rep. Bachmann, Michele (MN-6th [R]) Tue, Mar 29, 2011
Rep. Simpson, Michael K. (ID-2nd [R]) Tue, Feb 8, 2011
Rep. Price, Thomas E. (GA-6th [R]) Tue, Feb 8, 2011
Rep. Bilbray, Brian P. (CA-50th [R]) Tue, Feb 8, 2011
Rep. Conaway, K. Michael (TX-11th [R]) Tue, Feb 8, 2011
Rep. Jones, Walter Beaman (NC-3rd [R]) Mon, Feb 14, 2011
Rep. Canseco, Francisco (TX-23rd [R]) Thu, Feb 17, 2011
Rep. Rogers, Harold (KY-5th [R]) Tue, Feb 8, 2011
Rep. Crawford, Eric A. (AR-1st [R]) Tue, Feb 8, 2011
Rep. Bass, Charles F. (NH-2nd [R]) Mon, Feb 28, 2011
Rep. Nunnelee, Alan (MS-1st [R]) Tue, May 3, 2011
Rep. Forbes, James Randy (VA-4th [R]) Thu, Feb 10, 2011
Rep. Reed, Tom W. (NY-29th [R]) Thu, Mar 3, 2011
Rep. Landry, Jeff M. (LA-3rd [R]) Tue, May 10, 2011
Rep. Walden, Greg P. (OR-2nd [R]) Tue, Feb 8, 2011
Rep. Young, C. W. Bill (FL-10th [R]) Tue, Feb 8, 2011
Rep. Hensarling, Jeb (TX-5th [R]) Tue, Mar 29, 2011
Rep. Chaffetz, Jason (UT-3rd [R]) Tue, Mar 29, 2011
Rep. Guthrie, Steven Brett (KY-2nd [R]) Tue, Feb 8, 2011
Rep. Hartzler, Vicky (MO-4th [R]) Tue, Mar 29, 2011
Rep. Turner, Michael R. (OH-3rd [R]) Tue, Mar 8, 2011
Rep. Runyan, Jon (NJ-3rd [R]) Mon, May 23, 2011
Rep. Olson, Pete (TX-22nd [R]) Tue, Mar 1, 2011
Rep. Schock, Aaron (IL-18th [R]) Thu, Feb 10, 2011
Rep. Latham, Thomas P. (IA-4th [R]) Thu, Feb 10, 2011
Rep. Rogers, Mike (MI-8th [R]) Tue, Jan 25, 2011
Rep. Matheson, Jim (UT-2nd [D]) Tue, Feb 8, 2011
Rep. Huizenga, Bill (MI-2nd [R]) Tue, Feb 8, 2011
Rep. Quayle, Ben (AZ-3rd [R]) Tue, Feb 8, 2011
Rep. Neugebauer, Randy (TX-19th [R]) Mon, Mar 14, 2011
Rep. Bucshon, Larry (IN-8th [R]) Tue, Feb 8, 2011
Rep. Pearce, Steven E. (NM-2nd [R]) Tue, Feb 8, 2011
Rep. Woodall, Rob (GA-7th [R]) Wed, Feb 9, 2011
Rep. Royce, Edward R. (CA-40th [R]) Tue, Feb 8, 2011
Rep. Tipton, Scott (CO-3rd [R]) Thu, Feb 10, 2011
Rep. Fleming, John (LA-4th [R]) Tue, Feb 8, 2011
Rep. Austria, Steven (OH-7th [R]) Mon, Feb 28, 2011
Rep. Buchanan, Vern (FL-13th [R]) Tue, Feb 8, 2011
Rep. Hayworth, Nan (NY-19th [R]) Fri, May 13, 2011
Rep. Akin, W. Todd (MO-2nd [R]) Tue, Feb 8, 2011
Rep. Stearns, Clifford B. (FL-6th [R]) Tue, Feb 8, 2011
Rep. Hall, Ralph Moody (TX-4th [R]) Tue, Apr 5, 2011
Rep. Issa, Darrell (CA-49th [R]) Tue, Feb 8, 2011
Rep. Latta, Robert Edward (OH-5th [R]) Tue, Feb 8, 2011
Rep. Johnson, Bill (OH-6th [R]) Tue, Feb 8, 2011
Rep. Womack, Steve (AR-3rd [R]) Tue, May 3, 2011
Rep. Walberg, Timothy (MI-7th [R]) Mon, Feb 28, 2011
Rep. Cole, Tom (OK-4th [R]) Thu, Feb 10, 2011
Rep. Herger, Walter (CA-2nd [R]) Tue, Feb 8, 2011
Rep. Garrett, E. Scott (NJ-5th [R]) Tue, Feb 8, 2011
Rep. Roe, David P. (TN-1st [R]) Tue, Feb 8, 2011
Rep. Petri, Thomas E. (WI-6th [R]) Tue, Mar 29, 2011
Rep. Hultgren, Randy (IL-14th [R]) Fri, Apr 15, 2011
Rep. Farenthold, Blake (TX-27th [R]) Thu, Apr 14, 2011
Rep. Harris, Andy (MD-1st [R]) Tue, Feb 8, 2011
Rep. Hanna, Richard (NY-24th [R]) Tue, Mar 29, 2011
Rep. Dold, Bob (IL-10th [R]) Thu, Mar 3, 2011
Rep. McCotter, Thaddeus G. (MI-11th [R]) Tue, Mar 29, 2011
Rep. Blackburn, Marsha (TN-7th [R]) Tue, Jan 25, 2011
Rep. Tiberi, Patrick J. (OH-12th [R]) Tue, Feb 8, 2011
Rep. Shuster, Bill (PA-9th [R]) Fri, Feb 11, 2011
Rep. Ross, Dennis (FL-12th [R]) Tue, Feb 8, 2011
Rep. Gardner, Cory (CO-4th [R]) Tue, May 3, 2011
Rep. Brady, Kevin P. (TX-8th [R]) Tue, Feb 8, 2011
Rep. Bishop, Rob (UT-1st [R]) Tue, Feb 8, 2011
Rep. West, Allen (FL-22nd [R]) Fri, Apr 8, 2011
Rep. Boustany, Charles (LA-7th [R]) Tue, Feb 8, 2011
Rep. Wilson, Addison Graves (SC-2nd [R]) Tue, Feb 8, 2011
Rep. McCaul, Michael T. (TX-10th [R]) Tue, Mar 29, 2011
Rep. Myrick, Sue W. (NC-9th [R]) Tue, Feb 8, 2011
Rep. Murphy, Tim (PA-18th [R]) Thu, Apr 7, 2011
Rep. Burton, Dan L. (IN-5th [R]) Tue, Feb 8, 2011
Rep. Gibbs, Bob (OH-18th [R]) Tue, Feb 8, 2011
Rep. Scott, David (GA-13th [D]) Mon, Jan 24, 2011
Rep. Scalise, Stephen J. (LA-1st [R]) Tue, Feb 8, 2011
Rep. McClintock, Tom (CA-4th [R]) Tue, Feb 8, 2011
Rep. Franks, Trent (AZ-2nd [R]) Tue, Feb 8, 2011
Rep. Flores, Bill (TX-17th [R]) Tue, Feb 8, 2011
Rep. Scott, Austin (GA-8th [R]) Wed, Mar 30, 2011
Rep. Shimkus, John M. (IL-19th [R]) Tue, Feb 8, 2011
Rep. Guinta, Frank (NH-1st [R]) Fri, Feb 11, 2011
Rep. Buerkle, Ann Marie (NY-25th [R]) Tue, Mar 29, 2011
Rep. Kelly, Mike (PA-3rd [R]) Tue, Mar 29, 2011
Rep. Hunter, Duncan D. (CA-52nd [R]) Fri, May 13, 2011
Rep. Platts, Todd Russell (PA-19th [R]) Tue, Jan 25, 2011
Rep. Granger, Kay (TX-12th [R]) Tue, Mar 29, 2011
Rep. Ribble, Reid (WI-8th [R]) Tue, Apr 12, 2011
Rep. Wolf, Frank Rudolph (VA-10th [R]) Tue, Feb 8, 2011
Rep. Long, Billy (MO-7th [R]) Tue, Mar 29, 2011
Rep. Lamborn, Douglas L. (CO-5th [R]) Tue, Feb 8, 2011
Rep. Mack, Connie (FL-14th [R]) Tue, Mar 29, 2011
Rep. Roskam, Peter J. (IL-6th [R]) Tue, Mar 29, 2011
Rep. Fleischmann, Chuck (TN-3rd [R]) Tue, Apr 5, 2011
Rep. Wittman, Robert J. (VA-1st [R]) Tue, Feb 8, 2011
Rep. Marino, Thomas (PA-10th [R]) Tue, Feb 8, 2011
Rep. Manzullo, Donald A. (IL-16th [R]) Fri, Feb 18, 2011
Rep. Luetkemeyer, Blaine (MO-9th [R]) Fri, Feb 11, 2011
Rep. Benishek, Dan (MI-1st [R]) Thu, Feb 10, 2011
Rep. Walsh, Joe (IL-8th [R]) Wed, Mar 16, 2011
Rep. Black, Diane (TN-6th [R]) Tue, Feb 8, 2011
Rep. Marchant, Kenny E. (TX-24th [R]) Tue, Feb 8, 2011
Actions
DateTypeDescriptionResult
1/1/0001 action Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, 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.
1/1/0001 action Referred to House Judiciary
1/1/0001 action Referred to House Energy and Commerce
1/1/0001 action Committee Consideration and Mark-up Session Held.
1/1/0001 action Committee Consideration and Mark-up Session Held.
1/1/0001 calendar Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 15.
1/1/0001 action Reported (Amended) by the Committee on Judiciary. H. Rept. 112-39, Part I.
1/1/0001 action House Committee on Energy and Commerce Granted an extension for further consideration ending not later than May 13, 2011.
1/1/0001 action Committee Consideration and Mark-up Session Held.
1/1/0001 action Committee Consideration and Mark-up Session Held.
1/1/0001 calendar Ordered to be Reported (Amended) by the Yeas and Nays: 30 - 20.
1/1/0001 action House Committee on Energy and Commerce Granted an extension for further consideration ending not later than May 23, 2011.
1/1/0001 action Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 112-39, Part II.
1/1/0001 calendar Placed on the Union Calendar, Calendar No. 47.
1/1/0001 action Supplemental report filed by the Committee on Judiciary, H. Rept. 112-39, Part III.
1/1/0001 action Rules Committee Resolution H. Res. 591 Reported to House. Rule provides for consideration of H.R. 5 with 6 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 112-18 shall be considered as adopted and the bill, as amended, shall be considered as original text for the purpose of amendment. The resolution waives all points of order against provisions in the bill, as amended.
1/1/0001 action Rule H. Res. 591 passed House.
1/1/0001 action Considered under the provisions of rule H. Res. 591.
1/1/0001 action Rule provides for consideration of H.R. 5 with 6 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 112-18 shall be considered as adopted and the bill, as amended, shall be considered as original text for the purpose of amendment. The resolution waives all points of order against provisions in the bill, as amended.
1/1/0001 action House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 591 and Rule XVIII.
1/1/0001 action The Speaker designated the Honorable Lynn A. Westmoreland to act as Chairman of the Committee.
1/1/0001 action GENERAL DEBATE - The Committee of the Whole proceeded with six hours of general debate on H.R. 5.
1/1/0001 action Mr. Smith (TX) moved that the Committee rise.
1/1/0001 action On motion to rise Agreed to by voice vote.
1/1/0001 action Committee of the Whole House on the state of the Union rises leaving H.R. 5 as unfinished business.
1/1/0001 action Considered as unfinished business.
1/1/0001 action The House resolved into Committee of the Whole House on the state of the Union for further consideration.
1/1/0001 action DEBATE - Pursuant to the provisions of H. Res. 591, the Committee of the Whole proceeded with 10 minutes of debate on the Woodall amendment.
1/1/0001 action POSTPONED PROCEEDINGS - At the conclusion of debate on the Woodall amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Conyers demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
1/1/0001 action DEBATE - Pursuant to the provisions of H. Res. 591, the Committee of the Whole proceeded with 10 minutes of debate on the Bonamici amendment.
1/1/0001 action POSTPONED PROCEEDINGS - At the conclusion of debate on the Bonamici amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Bonamici demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
1/1/0001 action DEBATE - Pursuant to the provisions of H. Res. 591, the Committee of the Whole proceeded with 10 minutes of debate on the Dent amendment.
1/1/0001 action DEBATE - Pursuant to the provisions of H. Res. 591, the Committee of the Whole proceeded with 10 minutes of debate on the Gosar amendment.
1/1/0001 action DEBATE - Pursuant to the provisions of H. Res. 591, the Committee of the Whole proceeded with 10 minutes of debate on the Stearns amendment.
1/1/0001 action POSTPONED PROCEEDINGS - At the conclusion of debate on the Stearns amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Stearns demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
1/1/0001 action The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5.
1/1/0001 action The previous question was ordered pursuant to the rule.
1/1/0001 action The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
1/1/0001 action Mr. Loebsack moved to recommit with instructions to Ways and Means and Energy and Commerce.
1/1/0001 action DEBATE - The House proceeded with 10 minutes of debate on the Loebsack motion to recommit with instructions. The instructions contained in the motion seek to require the bill be reported back to the House with an amendment to prohibit ending the Medicare guarantee, turning Medicare into a voucher program, and increasing costs and reducing benefits for seniors and people with disabilities.
1/1/0001 action The previous question on the motion to recommit with instructions was ordered without objection.
1/1/0001 action On motion to recommit with instructions Failed by recorded vote: 180 - 229, 2 Present (Roll no. 125).
1/1/0001 vote On passage Passed by recorded vote: 223 - 181, 4 Present (Roll no. 126). pass
1/1/0001 action Motion to reconsider laid on the table Agreed to without objection.
1/1/0001 action Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
1/1/0001 calendar Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 338.
1/1/0001 action Senate returned papers to House by Unanimous Consent.
1/1/0001 action Message on Senate action sent to the House.
1/1/0001 action Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
1/1/0001 calendar Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 353.
Rolls
Committee Assignments
CommitteeSubCommitteeActivity
House Judiciary Referral, Markup, Reporting
House Energy and Commerce Referral, Markup, Reporting
Subject Terms
Health
Advisory bodies
Alternative dispute resolution, mediation, arbitration
Civil actions and liability
Competition and antitrust
Disaster relief and insurance
Drug safety, medical device, and laboratory regulation
Emergency medical services and trauma care
Evidence and witnesses
Federal preemption
Health care costs and insurance
Health care coverage and access
Health care quality
Health facilities and institutions
Health personnel
Health promotion and preventive care
Health technology, devices, supplies
Insurance industry and regulation
Judicial procedure and administration
Lawyers and legal services
Medicare
Prescription drugs
Product safety and quality
Social work, volunteer service, charitable organizations
Related Legislative
hr591 (rule) h3682 (unknown) s218 (identical)
hr596 (unknown) s12 (unknown) s1099 (unknown)
Amendments
H.AMDT.987 (Status:Pass)
An amendment numbered 1 printed in House Report 112-416 to strike the findings in Title I.
H.AMDT.989 (Status:Pass)
An amendment numbered 4 printed in House Report 112-416 to address the crisis in access to emergency care by extending liability coverage to on-call and emergency room physicians under the Public Health Service Act.
H.AMDT.991 (Status:Pass)
An amendment numbered 6 printed in House Report 112-416 to grant limited civil liability protection to health professionals that volunteer at federally declared disaster sites.
H.AMDT.988 (Status:Fail)
An amendment numbered 2 printed in House Report 112-416 to delay the date of enactment until the Secretary of Health and Human Services submits to Congress a report on the potential effect of this title on health care premiums.
H.AMDT.990 (Status:Pass)
An amendment numbered 5 printed in House Report 112-416 to restore the application of antitrust laws to the business of health insurance by amending the McCarran-Ferguson Act.
Titles Assigned
TypeASTitle
short introduced Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011
short reported to house Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011
short passed house Protecting Access to Healthcare Act
short passed house Good Samaritan Health Professionals Act of 2012
short passed house Health Care Safety Net Enhancement Act of 2012
short passed house Health Insurance Industry Fair Competition Act of 2012
short passed house Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2012
short passed house Medicare Decisions Accountability Act of 2012
official introduced To improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system.

SUMMARY:

3/22/2012--Passed House amended. Protecting Access to Healthcare Act - Title I: HEALTH Act - Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2012 - (Sec. 101) Sets forth provisions regulating lawsuits for health care liability claims concerning the provision of health care goods or services or any medical product affecting interstate commerce. (Sec. 103) Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions. (Sec. 104) Limits noneconomic damages to $250,000. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. (Sec. 105) Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a decreasing percentage based on the increasing value of the amount awarded. (Sec. 106) Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer, and (2) compensatory damages are awarded. Limits punitive damages to the greater of two times the amount of economic damages or $250,000. Limits the liability of manufacturers, distributors, suppliers, and providers of medical products that comply with Food and Drug Administration (FDA) standards. (Sec. 107) Provides for periodic payments of future damage awards. (Sec. 110) Declares that this title does not: (1) preempt or supersede any state or federal law that imposes greater procedural or substantive protections for health care providers or health care organizations from liability, loss, or damages than those provided by this title; or (2) create a cause of action. Declares that this title shall not be construed to preempt: (1) any state law that specifies a particular monetary amount of compensatory or punitive damages that may be awarded in a health care lawsuit, or (2) any defense available to a party in a health care lawsuit under any other provision of state or federal law. Title II: Repeal of Independent Payment Advisory Board - Medicare Decisions Accountability Act of 2012 - (Sec. 202) Repeals sections of the Patient Protection and Affordable Care Act (and restores provisions of law amended by such sections) related to the establishment of an Independent Payment Advisory Board (IPAB) to develop and submit detailed proposals to reduce the per capita rate of growth in Medicare spending. Title III: Health Care Safety Net Enhancement - Health Care Safety Net Enhancement Act of 2012 - (Sec. 302) Amends the Public Health Service Act to deem a hospital or an emergency department and a physician or physician group of such hospital or emergency department to be an employee of the Public Health Service for purposes of any civil action that may arise due to providing emergency and post-stabilization services on or after January 1, 2012. Title IV: Restoring the Application of Antitrust Laws to Health Sector Insurers - Health Insurance Industry Fair Competition Act of 2012 - (Sec. 402) Provides that nothing in the McCarran-Ferguson Act shall modify, impair, or supersede the operation of any of the antitrust laws with respect to the business of health insurance. Applies prohibitions against using unfair methods of competition to the business of health insurance without regard to whether such business is carried on for profit. Title V: Protections for Good Samaritan Health Professionals - Good Samaritan Health Professionals Act of 2012 - (Sec. 502) Amends the Public Health Service Act to provide that a health care professional shall not be liable under federal or state law for harm caused by any act or omission if: (1) the professional is serving as a volunteer for purposes of responding to a disaster; and (2) the act or omission occurs during the period of the disaster, in the professional's capacity as such a volunteer, and in a good faith belief that the individual being treated is in need of health care services. Makes exceptions where: (1) the harm was caused by an act or omission constituting willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights or safety of the individual harmed; or (2) the professional rendered the health care services under the influence of intoxicating alcohol or an intoxicating drug. Places on the plaintiff in any civil action or proceeding against a health care professional the burden of proving by clear and convincing evidence that the limitation of liability under this title does not apply.
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