On the recordAugust 2, 2001
In preempting State law, the Norwood amendment goes beyond conduct that involves negligent medical judgment to a particular patient's case. The amendment made by virtue of the words 'based on' stipulate that State malpractice law does not apply to any treatment decision made by the managed care organization, whether it be negligent, reckless, willful or wanton. For example, Rosenbaum continues, 'no State cause of action could be maintained against a designated decisionmaker for its decision to discharge a patient early from a hospital even if the likely result of that discharge would result in a patient's death. In short, all forms of vicarious liability under State law would be preempted.'
Source
govinfo.gov
