Title V, SEC. 5301. FEDERAL TORT REFORM. (a) Applicability. (1) In general. Except as provided in section 5302, this part shall apply with respect to any medical malpractice liability action brought in any State or Federal court, except that this part shall not apply to a claim or action for damages arising from a vaccine-related injury or death to the extent that title XXI of the Public Health Service Act applies to the claim or action. (2) Preemption. The provisions of this part shall preempt any State law to the extent such law is inconsistent with the limitations contained in such provisions. The provisions of this part shall not preempt any State law that provides for defenses or places limitations on a person's liability in addition to those contained in this subtitle, places greater limitations on the amount of attorneys' fees that can be collected, or otherwise imposes greater restrictions than those provided in this part. (3) Effect on sovereign immunity and choice of law or venue. Nothing in paragraph (2) shall be construed to (A) waive or affect any defense of sovereign immunity asserted by any State under any provision of law; (B) waive or affect any defense of sovereign immunity asserted by the United States; (C) affect the applicability of any provision of the Foreign Sovereign Immunities Act of 1976; (D) preempt State choice-of-law rules with respect to claims brought by a foreign nation or a citizen of a foreign nation; or (E) affect the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or of a citizen of a foreign nation on the ground of inconvenient forum. (4) Federal court jurisdiction not established on federal question grounds. Nothing in this part shall be construed to establish any jurisdiction in the district courts of the United States over medical malpractice liability actions on the basis of section 1331 or 1337 of title 28, United States Code. (b) Definitions. In this subtitle, the following definitions apply: (1) Alternative dispute resolution system; ADR. The term ``alternative dispute resolution system'' or ``ADR'' means a system that provides for the resolution of medical malpractice claims in a manner other than through medical malpractice liability actions. (2) Claimant. The term ``claimant'' means any person who alleges a medical malpractice claim, and any person on whose behalf such a claim is alleged, including the decedent in the case of an action brought through or on behalf of an estate. (3) Health care professional. The term ``health care professional'' means any individual who provides health care services in a State and who is required by the laws or regulations of the State to be licensed or certified by the State to provide such services in the State. (4) Health care provider. The term ``health care provider'' means any organization or institution that is engaged in the delivery of health care services in a State and that is required by the laws or regulations of the State to be licensed or certified by the State to engage in the delivery of such services in the State. (5) Injury. The term ``injury'' means any illness, disease, or other harm that is the subject of a medical malpractice liability action or a medical malpractice claim. (6) Medical malpractice liability action. The term ``medical malpractice liability action'' means a civil action brought in a State or Federal court against a health care provider or health care professional (regardless of the theory of liability on which the claim is based) in which the plaintiff alleges a medical malpractice claim. (7) Medical malpractice claim. The term ``medical malpractice claim'' means a claim in a civil action brought against a health care provider or health care professional in which a claimant alleges that injury was caused by the provision of (or the failure to provide) health care services, except that such term does not include (A) any claim based on an allegation of an intentional tort; or (B) any claim based on an allegation that a product is defective that is brought against any individual or entity that is not a health care professional or health care provider.