PRIOR PRINTER'S NOS. 3416, 3530 PRINTER'S NO. 3902
No. 2520 Session of 1988
INTRODUCED BY DeWEESE, REBER, KOSINSKI, COY, BATTISTO, LaGROTTA,
TIGUE, GAMBLE, RITTER, MORRIS, GODSHALL, BELFANTI, TRELLO,
SHOWERS, YANDRISEVITS, COLAFELLA, PRESSMANN, HARPER, D. W.
SNYDER AND CORRIGAN, JUNE 6, 1988
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 16, 1988
AN ACT
1 Amending the act of October 15, 1975 (P.L.390, No.111), entitled
2 "An act relating to medical and health related malpractice
3 insurance, prescribing the powers and duties of the Insurance
4 Department; providing for a joint underwriting plan; the
5 Arbitration Panels for Health Care, compulsory screening of
6 claims; collateral sources requirement; limitation on
7 contingent fee compensation; establishing a Catastrophe Loss
8 Fund; and prescribing penalties," FURTHER PROVIDING FOR <--
9 DISCLOSURE BY PHYSICIANS; further providing for DAMAGES, <--
10 LIABILITY AND practice and procedure in medical malpractice
11 actions; FURTHER PROVIDING FOR PROFESSIONAL LIABILITY <--
12 INSURANCE; ESTABLISHING THE JOINT COMMITTEE ON PROFESSIONAL
13 LIABILITY AND PROVIDING FOR ITS POWERS AND DUTIES; AND MAKING
14 REPEALS.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. The SECTION 102 OF THE act of October 15, 1975 <--
18 (P.L.390, No.111), known as the Health Care Services Malpractice
19 Act, is amended by adding a section to read: <--
20 SECTION 102. PURPOSE.--[IT IS THE PURPOSE OF THIS ACT TO <--
21 MAKE AVAILABLE PROFESSIONAL LIABILITY INSURANCE AT A REASONABLE
22 COST, AND TO ESTABLISH A SYSTEM THROUGH WHICH A PERSON WHO HAS
1 SUSTAINED INJURY OR DEATH AS A RESULT OF TORT OR BREACH OF
2 CONTRACT BY A HEALTH CARE PROVIDER CAN OBTAIN A PROMPT
3 DETERMINATION AND ADJUDICATION OF HIS CLAIM AND THE
4 DETERMINATION OF FAIR AND REASONABLE COMPENSATION.] THE GENERAL
5 ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
6 (1) THERE ARE SERIOUS PROBLEMS WITH THE CURRENT SYSTEM FOR
7 RESOLVING THE CLAIMS OF INDIVIDUALS WHO BELIEVE THEMSELVES TO
8 HAVE BEEN INJURED BY THE MEDICAL NEGLIGENCE OF HEALTH CARE
9 PROVIDERS. THOSE PROBLEMS INCLUDE, BUT ARE NOT LIMITED TO, THE
10 FOLLOWING:
11 (I) THE COST OF RESOLVING THOSE MEDICAL NEGLIGENCE CLAIMS IS
12 RAPIDLY INCREASING AND IS BECOMING AN INCREASINGLY LARGE AND
13 IMPORTANT COMPONENT OF THE COST OF HEALTH CARE AND OF THE
14 EXPENSES INCURRED BY HEALTH CARE PROVIDERS.
15 (II) THE CURRENT SYSTEM FURTHER INCREASES COSTS BY INDUCING
16 HEALTH CARE PROVIDERS TO ENGAGE IN DEFENSIVE HEALTH CARE
17 PRACTICES, SUCH AS THE CONDUCT OF TESTS AND PROCEDURES PRIMARILY
18 TO PRODUCE PROTECTION AGAINST LEGAL ACTIONS.
19 (III) THESE COSTS ARE ULTIMATELY BORNE BY CONSUMERS OF
20 HEALTH IN THIS COMMONWEALTH, INCREASING THE COSTS THEY MUST PAY
21 FOR HEALTH CARE.
22 (IV) SANCTIONS FOR DILATORY, OBDURATE OR VEXATIOUS CONDUCT
23 BY ATTORNEYS OR PARTIES MUST BE IMPOSED.
24 (2) IT IS NECESSARY TO TAKE ACTIONS TO:
25 (I) SEEK TO LIMIT THE COSTS OF THE PRESENT SYSTEM WHILE
26 INCREASING ITS EFFICIENCY AND EQUITY.
27 (II) MAKE PROFESSIONAL LIABILITY INSURANCE AVAILABLE TO
28 HEALTH CARE PROVIDERS AT A REASONABLE COST.
29 SECTION 2. SECTION 103 OF THE ACT, AMENDED JULY 15, 1976
30 (P.L.1028, NO.207) AND NOVEMBER 6, 1985 (P.L.311, NO.78), IS
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1 AMENDED TO READ:
2 SECTION 103. DEFINITIONS.--AS USED IN THIS ACT:
3 ["ADMINISTRATOR" MEANS THE OFFICE OF ADMINISTRATOR FOR
4 ARBITRATION PANELS FOR HEALTH CARE.
5 "ARBITRATION PANEL" MEANS ARBITRATION PANELS FOR HEALTH
6 CARE.]
7 "CLAIMS MADE" MEANS A POLICY OF PROFESSIONAL LIABILITY
8 INSURANCE THAT WOULD LIMIT OR RESTRICT THE LIABILITY OF THE
9 INSURER UNDER THE POLICY TO ONLY THOSE CLAIMS MADE OR REPORTED
10 DURING THE CURRENCY OF THE POLICY PERIOD AND WOULD EXCLUDE
11 COVERAGE FOR CLAIMS REPORTED SUBSEQUENT TO THE TERMINATION EVEN
12 WHEN SUCH CLAIMS RESULTED FROM OCCURRENCES DURING THE CURRENCY
13 OF THE POLICY PERIOD.
14 "COMMISSIONER" MEANS THE INSURANCE COMMISSIONER OF THIS
15 COMMONWEALTH.
16 "COMMITTEE" MEANS THE JOINT COMMITTEE ON PROFESSIONAL
17 LIABILITY ESTABLISHED IN SECTION 1006.
18 "DIRECTOR" MEANS THE DIRECTOR OF THE FUND.
19 "FUND" MEANS THE MEDICAL PROFESSIONAL LIABILITY CATASTROPHE
20 LOSS FUND ESTABLISHED IN ARTICLE VII.
21 "GOVERNMENT" MEANS THE GOVERNMENT OF THE UNITED STATES, ANY
22 STATE, ANY POLITICAL SUBDIVISION OF A STATE, ANY INSTRUMENTALITY
23 OF ONE OR MORE STATES, OR ANY AGENCY, SUBDIVISION, OR DEPARTMENT
24 OF ANY SUCH GOVERNMENT, INCLUDING ANY CORPORATION OR OTHER
25 ASSOCIATION ORGANIZED BY A GOVERNMENT FOR THE EXECUTION OF A
26 GOVERNMENT PROGRAM AND SUBJECT TO CONTROL BY A GOVERNMENT, OR
27 ANY CORPORATION OR AGENCY ESTABLISHED UNDER AN INTERSTATE
28 COMPACT OR INTERNATIONAL TREATY.
29 "HEALTH CARE PROVIDER" MEANS A PRIMARY HEALTH CENTER OR A
30 PERSON, CORPORATION, FACILITY, INSTITUTION OR OTHER ENTITY
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1 LICENSED OR APPROVED BY THE COMMONWEALTH TO PROVIDE HEALTH CARE
2 OR PROFESSIONAL MEDICAL SERVICES AS A [PHYSICIAN] MEDICAL
3 DOCTOR, AN [OSTEOPATHIC PHYSICIAN OR SURGEON] OSTEOPATH, A
4 CERTIFIED NURSE MIDWIFE, A PODIATRIST, HOSPITAL, NURSING HOME[,]
5 OR BIRTH CENTER[, AND]. THE TERM INCLUDES, EXCEPT AS TO SECTION
6 701(A), AN OFFICER, EMPLOYEE OR AGENT OF [ANY OF THEM] A HEALTH
7 CARE PROVIDER ACTING IN THE COURSE AND SCOPE OF HIS EMPLOYMENT.
8 THE TERM INCLUDES A PROFESSIONAL CORPORATION, PROFESSIONAL
9 ASSOCIATION OR PARTNERSHIP OWNED ENTIRELY BY HEALTH CARE
10 PROVIDERS.
11 ["INFORMED CONSENT" MEANS FOR THE PURPOSES OF THIS ACT AND OF
12 ANY PROCEEDINGS ARISING UNDER THE PROVISIONS OF THIS ACT, THE
13 CONSENT OF A PATIENT TO THE PERFORMANCE OF HEALTH CARE SERVICES
14 BY A PHYSICIAN OR PODIATRIST: PROVIDED, THAT PRIOR TO THE
15 CONSENT HAVING BEEN GIVEN, THE PHYSICIAN OR PODIATRIST HAS
16 INFORMED THE PATIENT OF THE NATURE OF THE PROPOSED PROCEDURE OR
17 TREATMENT AND OF THOSE RISKS AND ALTERNATIVES TO TREATMENT OR
18 DIAGNOSIS THAT A REASONABLE PATIENT WOULD CONSIDER MATERIAL TO
19 THE DECISION WHETHER OR NOT TO UNDERGO TREATMENT OR DIAGNOSIS.
20 NO PHYSICIAN OR PODIATRIST SHALL BE LIABLE FOR A FAILURE TO
21 OBTAIN AN INFORMED CONSENT IN THE EVENT OF AN EMERGENCY WHICH
22 PREVENTS CONSULTING THE PATIENT. NO PHYSICIAN OR PODIATRIST
23 SHALL BE LIABLE FOR FAILURE TO OBTAIN AN INFORMED CONSENT IF IT
24 IS ESTABLISHED BY A PREPONDERANCE OF THE EVIDENCE THAT
25 FURNISHING THE INFORMATION IN QUESTION TO THE PATIENT WOULD HAVE
26 RESULTED IN A SERIOUSLY ADVERSE EFFECT ON THE PATIENT OR ON THE
27 THERAPEUTIC PROCESS TO THE MATERIAL DETRIMENT OF THE PATIENT'S
28 HEALTH.]
29 "LICENSURE BOARD" MEANS THE STATE BOARD OF [MEDICAL EDUCATION
30 AND LICENSURE] MEDICINE, THE STATE BOARD OF OSTEOPATHIC
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1 [EXAMINERS] MEDICINE, THE STATE BOARD OF PODIATRY [EXAMINERS],
2 THE DEPARTMENT OF PUBLIC WELFARE AND THE DEPARTMENT OF HEALTH.
3 "MALPRACTICE INSURER" MEANS AN INSURANCE COMPANY AUTHORIZED
4 TO WRITE PROFESSIONAL LIABILITY INSURANCE FOR HEALTH CARE
5 PROVIDERS IN THIS COMMONWEALTH, HEALTH CARE PROVIDER WHICH SELF-
6 INSURES PROFESSIONAL LIABILITY EXPOSURE AND THE JOINT
7 UNDERWRITING ASSOCIATION.
8 "MEDICAL NEGLIGENCE CLAIM" MEANS A CLAIM BROUGHT BY OR ON
9 BEHALF OF AN INDIVIDUAL SEEKING DAMAGES FOR LOSS SUSTAINED BY
10 THE INDIVIDUAL AS A RESULT OF AN INJURY OR WRONG TO THE
11 INDIVIDUAL OR ANOTHER INDIVIDUAL CAUSED BY A HEALTH CARE
12 PROVIDER'S PROVISION OF, OR FAILURE TO PROVIDE, MEDICAL
13 TREATMENT, DIAGNOSIS OR CONSULTATION.
14 "MEDICAL SERVICE" INCLUDES, BUT IS NOT LIMITED TO:
15 (1) THE PROVISION OF MEDICAL TREATMENT, A DIAGNOSTIC TEST,
16 MEDICAL CONSULTATION AND ANY SERVICE INCIDENT TO THEM; OR
17 (2) A DECISION, CONSULTATION, RECOMMENDATION OR OTHER ADVICE
18 MADE AS PART OF A FORMAL PEER REVIEW PROCESS REGARDING THE
19 QUALIFICATIONS OF A HEALTH CARE PROVIDER TO PROVIDE HEALTH CARE
20 OR THE APPROPRIATENESS OF HEALTH CARE BY A HEALTH CARE PROVIDER,
21 RENDERED INDIVIDUALLY OR AS A MEMBER OF A GROUP, SUCH AS A
22 COMMITTEE PERFORMING PEER REVIEW AS DEFINED IN SECTION 2 OF THE
23 ACT OF JULY 20, 1974 (P.L.564, NO.193), KNOWN AS THE "PEER
24 REVIEW PROTECTION ACT."
25 ["PATIENT" MEANS A NATURAL PERSON WHO RECEIVES OR SHOULD HAVE
26 RECEIVED HEALTH CARE FROM A LICENSED HEALTH CARE PROVIDER.]
27 "PRIMARY HEALTH CENTER" MEANS A COMMUNITY-BASED NONPROFIT
28 CORPORATION MEETING STANDARDS PRESCRIBED BY THE DEPARTMENT OF
29 HEALTH, WHICH PROVIDES PREVENTIVE, DIAGNOSTIC, THERAPEUTIC, AND
30 BASIC EMERGENCY HEALTH CARE BY LICENSED PRACTITIONERS WHO ARE
19880H2520B3902 - 5 -
1 EMPLOYEES OF THE CORPORATION OR UNDER CONTRACT TO THE
2 CORPORATION.
3 "PROFESSIONAL LIABILITY" MEANS LIABILITY FOR DAMAGES,
4 ATTORNEY FEES, EXPENSES AND OTHER COST AWARDS IN A PROFESSIONAL
5 LIABILITY ACTION.
6 "PROFESSIONAL LIABILITY ACTION" MEANS AN ACTION ASSERTING A
7 PROFESSIONAL LIABILITY CLAIM.
8 "PROFESSIONAL LIABILITY CLAIM" MEANS A CLAIM ARISING OUT OF A
9 HEALTH CARE PROVIDER'S PROVISION OF, OR FAILURE TO PROVIDE, A
10 MEDICAL SERVICE, REGARDLESS OF THE THEORY OF LIABILITY OR CAUSE
11 OF ACTION UPON WHICH THE CLAIM IS PREMISED.
12 "PROFESSIONAL LIABILITY INSURANCE" MEANS INSURANCE AGAINST
13 PROFESSIONAL LIABILITY [ON THE PART OF A HEALTH CARE PROVIDER
14 ARISING OUT OF ANY TORT OR BREACH OF CONTRACT CAUSING INJURY OR
15 DEATH RESULTING FROM THE FURNISHING OF MEDICAL SERVICES WHICH
16 WERE OR SHOULD HAVE BEEN PROVIDED].
17 SECTION 3. ARTICLES II, III, IV, V AND VI OF THE ACT ARE
18 REPEALED.
19 SECTION 4. THE ACT IS AMENDED BY ADDING ARTICLES TO READ:
20 ARTICLE II-A
21 MEDICAL NEGLIGENCE CLAIMS
22 SECTION 201-A. APPLICABILITY.--THIS ARTICLE APPLIES TO
23 MEDICAL NEGLIGENCE CLAIMS ACCRUING ON OR AFTER THE EFFECTIVE
24 DATE OF THIS ARTICLE.
25 SECTION 202-A. INFORMED CONSENT.--(A) EXCEPT IN EMERGENCIES
26 AND IN OTHER SITUATIONS AS THE COURT DEEMS APPROPRIATE, A
27 PHYSICIAN OWES A DUTY TO A PATIENT TO OBTAIN THE PATIENT'S
28 INFORMED CONSENT PRIOR TO PERFORMING A MAJOR INVASIVE PROCEDURE
29 ON THE PATIENT.
30 (B) CONSENT IS INFORMED IF THE PATIENT HAS BEEN GIVEN A
19880H2520B3902 - 6 -
1 DESCRIPTION OF THE PROCEDURE AND THE RISKS AND ALTERNATIVES THAT
2 A REASONABLE PATIENT WOULD CONSIDER MATERIAL TO THE DECISION
3 WHETHER OR NOT TO UNDERGO THE PROCEDURE.
4 (C) CONSENT TO A PROCEDURE MUST BE EXPRESS AND IN WRITING.
5 (1) THE FOLLOWING SHALL BE PRESUMED TO BE TRUE IF CONTAINED
6 IN A WRITING SIGNED BY THE PATIENT:
7 (I) THE PATIENT CONSENTED TO A SPECIFIED PROCEDURE.
8 (II) THE PATIENT WAS APPRISED OF A SPECIFIED RISK OR
9 ALTERNATIVE TO A SPECIFIED PROCEDURE.
10 (III) THE PATIENT WAS APPRISED OF ALL RISKS AND ALTERNATIVES
11 TO A SPECIFIED PROCEDURE THAT A REASONABLE PATIENT WOULD
12 CONSIDER MATERIAL TO THE DECISION WHETHER OR NOT TO UNDERGO THE
13 PROCEDURE.
14 (2) THE PRESUMPTION UNDER PARAGRAPH (1) SHALL ONLY BE
15 OVERCOME BY CLEAR AND CONVINCING EVIDENCE.
16 (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS IMPOSING A
17 DUTY ON A PHYSICIAN TO APPRISE A PATIENT OF INFORMATION:
18 (1) THE PATIENT KNOWS OR SHOULD KNOW;
19 (2) THE PATIENT HAS REQUESTED NOT TO BE REVEALED TO HIM; OR
20 (3) WHICH WOULD BE DETRIMENTAL FOR THE PATIENT'S HEALTH IF
21 IT WERE TO BE KNOWN BY THE PATIENT.
22 (E) A PHYSICIAN SHALL NOT BE HELD TO A HIGHER DUTY TO OBTAIN
23 A PATIENT'S CONSENT THAN PROVIDED IN THIS SECTION IN THE ABSENCE
24 OF A WRITTEN CONTRACT WITH THE PATIENT WHICH EXPRESSLY IMPOSES
25 THE HIGHER DUTY ON THE PHYSICIAN.
26 (F) IN THE CASE OF A MINOR, CONSENT TO A PROCEDURE MAY BE
27 OBTAINED FROM A PARENT OR GUARDIAN. IN THE CASE OF A PERSON WHO
28 HAS BEEN DECLARED INCOMPETENT PURSUANT TO 20 PA.C.S. CH. 55
29 (RELATING TO INCOMPETENTS), CONSENT TO A PROCEDURE SHALL BE
30 OBTAINED FROM THE COURT APPOINTED GUARDIAN. IN THE CASE OF A
19880H2520B3902 - 7 -
1 PERSON BELIEVED TO BE INCOMPETENT BUT HAS NOT BEEN SO DECLARED
2 PURSUANT TO 20 PA.C.S. CH. 55, AND WHERE A MEDICAL EMERGENCY
3 EXISTS, CONSENT MAY BE OBTAINED FROM THE PERSON'S SPOUSE,
4 PARENT, ADULT CHILD OR ADULT SIBLING. WHERE A MEDICAL EMERGENCY
5 DOES NOT EXIST, CONSENT TO A PROCEDURE SHALL BE OBTAINED BY A
6 COURT APPOINTED GUARDIAN PURSUANT TO 20 PA.C.S. CH. 55. FOR THE
7 PURPOSES OF THIS SUBSECTION THE INFORMATION AND CONSENT UNDER
8 SUBSECTIONS (B), (C), (D) AND (E) SHALL APPLY TO THE RELATIVE OR
9 GUARDIAN AS REQUIRED UNDER THIS SECTION.
10 SECTION 203-A. STATUTE OF LIMITATIONS.--(A) EXCEPT AS
11 PROVIDED IN SUBSECTION (B) OR (C), AN ACTION ASSERTING A MEDICAL
12 NEGLIGENCE CLAIM MUST BE COMMENCED WITHIN TWO YEARS OF THE DATE
13 THE INJURED INDIVIDUAL KNEW, OR SHOULD HAVE KNOWN BY USING
14 REASONABLE DILIGENCE, OF THE INJURY AND ITS CAUSE OR WITHIN FOUR
15 YEARS FROM THE DATE OF THE BREACH OF DUTY OR OTHER EVENT CAUSING
16 THE INJURY, WHICHEVER IS EARLIER.
17 (B) IF THE INJURY IS, OR WAS CAUSED BY, A FOREIGN OBJECT
18 LEFT IN THE INDIVIDUAL'S BODY, THE FOUR-YEAR LIMITATION IN
19 SUBSECTION (A) SHALL NOT APPLY.
20 (C) IF THE INJURED INDIVIDUAL IS A MINOR UNDER EIGHT YEARS
21 OF AGE, THE ACTION MUST BE COMMENCED WITHIN FOUR YEARS AFTER THE
22 MINOR'S PARENT OR GUARDIAN KNEW, OR SHOULD HAVE KNOWN BY USING
23 REASONABLE DILIGENCE, OF THE INJURY AND ITS CAUSE OR WITHIN FOUR
24 YEARS FROM THE MINOR'S EIGHTH BIRTHDAY, WHICHEVER IS EARLIER.
25 (D) IF THE CLAIM IS BROUGHT UNDER 42 PA.C.S. § 8301
26 (RELATING TO DEATH ACTION) OR 8302 (RELATING TO SURVIVAL
27 ACTION), THE ACTION MUST BE COMMENCED WITHIN THE TIME PERIOD SET
28 FORTH IN SUBSECTIONS (A), (B) AND (C) OR WITHIN TWO YEARS AFTER
29 THE DEATH, WHICHEVER IS EARLIER.
30 (E) NO CAUSE OF ACTION BARRED PRIOR TO THE EFFECTIVE DATE OF
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1 THIS SECTION SHALL BE REVIVED BY REASON OF THE ENACTMENT OF THIS
2 SECTION.
3 (F) IF THE BASIC COVERAGE INSURANCE CARRIER RECEIVES NOTICE
4 OF A COMPLAINT FILED AGAINST A HEALTH CARE PROVIDER SUBJECT TO
5 ARTICLE VII MORE THAN FOUR YEARS AFTER THE BREACH OF DUTY OR
6 OTHER EVENT CAUSING THE INJURY OCCURRED WHICH (COMPLAINT) IS
7 FILED WITHIN THE TIME LIMITS SET FORTH IN THIS SECTION, THE
8 ACTION SHALL BE DEFENDED AND PAID BY THE FUND. IF THE COMPLAINT
9 IS FILED AFTER FOUR YEARS BECAUSE OF THE WILLFUL CONCEALMENT BY
10 THE HEALTH CARE PROVIDER OR THE PROVIDER'S BASIC COVERAGE
11 INSURANCE CARRIER, THE FUND SHALL HAVE THE RIGHT OF FULL
12 INDEMNITY, INCLUDING DEFENSE COSTS, FROM THE HEALTH CARE
13 PROVIDER OR THE INSURANCE CARRIER.
14 SECTION 204-A. DILATORY OR FRIVOLOUS MOTIONS, CLAIMS AND
15 DEFENSES.--(A) ON A PLEADING, MOTION OR OTHER PAPER FILED IN AN
16 ACTION, THE SIGNATURE OF AN ATTORNEY OR PARTY CONSTITUTES A
17 CERTIFICATION OF ALL OF THE FOLLOWING:
18 (1) THE ATTORNEY OR PARTY HAS READ THE DOCUMENT THAT IS
19 BEING SIGNED.
20 (2) TO THE BEST OF THE ATTORNEY'S OR PARTY'S KNOWLEDGE,
21 INFORMATION AND BELIEF FORMED AFTER REASONABLE INQUIRY, THE
22 DOCUMENT IS WELL GROUNDED IN FACT.
23 (3) CLAIMS OR DEFENSES ARE WARRANTED BY EXISTING LAW OR BY A
24 GOOD FAITH ARGUMENT FOR THE EXTENSION, MODIFICATION OR REVERSAL
25 OF EXISTING LAW. THIS PARAGRAPH APPLIES ONLY TO A SIGNATURE BY
26 AN ATTORNEY.
27 (4) THE DOCUMENT IS NOT BEING FILED FOR PURPOSES OF DELAY OR
28 OF NEEDLESS INCREASE IN THE COST OF THE LITIGATION.
29 (B) IF A PLEADING, MOTION OR OTHER PAPER FILED IN AN ACTION
30 IS NOT SIGNED, IT SHALL BE STRICKEN UNLESS IT IS SIGNED PROMPTLY
19880H2520B3902 - 9 -
1 AFTER THE OMISSION IS CALLED TO THE ATTENTION OF THE PARTY.
2 (C) IF A CERTIFICATION UNDER SUBSECTION (A) IS FALSE, THE
3 COURT, UPON MOTION OR UPON ITS OWN INITIATIVE, SHALL IMPOSE UPON
4 THE PERSON WHO SIGNED THE DOCUMENT OR A REPRESENTED PARTY, OR
5 BOTH, AN APPROPRIATE SANCTION. A SANCTION UNDER THIS SUBSECTION
6 MAY INCLUDE AN ORDER TO PAY TO THE OTHER PARTY THE AMOUNT OF THE
7 REASONABLE EXPENSES INCURRED BECAUSE OF THE FILING, INCLUDING A
8 REASONABLE ATTORNEY FEE.
9 Section 104 205-A. Expert Witnesses.--In a claim against a <--
10 health care provider who is a board-certified specialist and in
11 which expert testimony is required, a person who is not board-
12 certified in the same health care specialty shall not be
13 permitted to testify as an expert unless:
14 (1) the arbitration panel or court determines that the
15 person is duly licensed and is engaged in the practice or
16 teaching of the same health care specialty; or
17 (2) the arbitration panel or court, with respect to a person
18 offered as an expert who is not a licensed health care provider
19 or is not engaged in the practice or teaching of the same health
20 care specialty, determines that the person, by virtue of
21 education, training and experience, possesses special knowledge
22 concerning the subject matter of the issue or issues for which
23 the testimony of the witness is being offered.
24 Section 2. This act shall take effect in 60 days. <--
25 SECTION 206-A. AFFIDAVIT OF NON-INVOLVEMENT.--THE COURT <--
26 SHALL DISMISS WITHOUT PREJUDICE A DEFENDANT PHYSICIAN WHO FILES
27 WITH THE COURT AN AFFIDAVIT VERIFYING THAT THE PHYSICIAN DID NOT
28 TREAT THE PATIENT, DOES NOT EMPLOY A PERSON WHO TREATED THE
29 PATIENT, AND DID NOT SUPERVISE A PERSON WHILE THAT PERSON WAS
30 ENGAGED IN THE TREATMENT OF THE PATIENT.
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1 SECTION 207-A. PUNITIVE DAMAGES.--(A) PUNITIVE DAMAGES MAY
2 BE AWARDED OVER AND ABOVE COMPENSATORY DAMAGES ONLY WHERE THERE
3 IS A SHOWING, BY CLEAR AND CONVINCING EVIDENCE, THAT THE TORT-
4 FEASOR'S CONDUCT WAS OUTRAGEOUS BECAUSE:
5 (1) THE TORT-FEASOR ACTED WITH AN EVIL MOTIVE; OR
6 (2) THE TORT-FEASOR KNEW OR HAD REASON TO KNOW OF FACTS
7 CREATING A HIGH DEGREE OF RISK OF PHYSICAL HARM TO ANOTHER
8 PERSON AND ACTED OR FAILED TO ACT IN CONSCIOUS DISREGARD OF OR
9 INDIFFERENCE TO THE RISK.
10 (B) A SHOWING OF GROSS NEGLIGENCE IS INSUFFICIENT TO SUPPORT
11 AN AWARD OF PUNITIVE DAMAGES.
12 (C) PUNITIVE DAMAGES SHALL NOT EXCEED 200% OF THE
13 COMPENSATORY DAMAGES AWARDED.
14 ARTICLE III-A
15 MANDATORY REPORTING
16 SECTION 301-A. REPORTING BY MALPRACTICE INSURERS AND THE
17 DIRECTOR OF THE FUND.--MALPRACTICE INSURERS SHALL REPORT TO THE
18 APPROPRIATE STATE BOARD EACH HEALTH CARE PROVIDER OF THAT BOARD
19 ON BEHALF OF WHOM A SETTLEMENT, AWARD OR JUDGMENT HAS BEEN MADE
20 OR ENTERED ON OR AFTER THE EFFECTIVE DATE OF THIS ARTICLE IF THE
21 MALPRACTICE INSURER OF THE FUND IS LIABLE IN AN AMOUNT IN EXCESS
22 OF $200,000. EACH REPORT SHALL INCLUDE THE NAME, ADDRESS AND
23 LICENSE, CERTIFICATE OR REGISTRATION NUMBER OF THE HEALTH CARE
24 PROVIDER WHO IS THE SUBJECT OF THE REPORT AND A SUMMARY OF THE
25 CASE. EACH REPORT SHALL BE SUBMITTED WITHIN 30 DAYS OF THE
26 SETTLEMENT, AWARD OR JUDGMENT. THE INSURANCE DEPARTMENT SHALL
27 MONITOR AND ENFORCE COMPLIANCE WITH THIS SECTION. THE BUREAU OF
28 PROFESSIONAL AND OCCUPATIONAL AFFAIRS AND THE PROFESSIONAL
29 LICENSURE BOARDS SHALL HAVE ACCESS TO INFORMATION PERTAINING TO
30 COMPLIANCE.
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1 SECTION 302-A. IMMUNITY FOR REPORTING.--A MALPRACTICE
2 INSURER OR PERSON WHO REPORTS UNDER SECTION 301-A IN GOOD FAITH
3 AND WITHOUT MALICE SHALL BE IMMUNE FROM A CIVIL OR CRIMINAL
4 LIABILITY ARISING FROM THE REPORT.
5 SECTION 303-A. ACTION BY PROFESSIONAL LICENSURE BOARDS.--
6 UPON RECEIPT OF A REPORT UNDER SECTION 301-A, THE APPROPRIATE
7 PROFESSIONAL LICENSURE BOARD AND THE BUREAU OF PROFESSIONAL AND
8 OCCUPATIONAL AFFAIRS SHALL REVIEW THE REPORT AND CONDUCT AN
9 INVESTIGATION. IF THE INFORMATION OBTAINED THROUGH THE
10 INVESTIGATION WARRANTS, THE BOARD SHALL PROMPTLY INITIATE A
11 DISCIPLINARY PROCEEDING AGAINST THE HEALTH CARE PROVIDER.
12 INFORMATION RECEIVED UNDER THIS ARTICLE SHALL NOT BE CONSIDERED
13 PUBLIC INFORMATION FOR THE PURPOSES OF THE ACT OF JUNE 21, 1957
14 (P.L.390, NO.212), REFERRED TO AS THE "RIGHT-TO-KNOW LAW," AND
15 THE ACT OF JULY 3, 1986 (P.L.388, NO.84), KNOWN AS THE "SUNSHINE
16 ACT," UNTIL USED IN A FORMAL DISCIPLINARY PROCEEDING.
17 SECTION 304-A. ANNUAL REPORTS TO GENERAL ASSEMBLY.--EACH
18 PROFESSIONAL LICENSURE BOARD SHALL SUBMIT ANNUALLY A REPORT TO
19 THE PROFESSIONAL LICENSURE COMMITTEE OF THE HOUSE OF
20 REPRESENTATIVES AND THE CONSUMER PROTECTION AND PROFESSIONAL
21 LICENSURE COMMITTEE OF THE SENATE. THE REPORT SHALL CONTAIN THE
22 NUMBER OF REPORTS RECEIVED UNDER SECTION 301-A, THE STATUS OF
23 THE INVESTIGATIONS OF THOSE REPORTS, A DISCIPLINARY ACTION WHICH
24 HAS BEEN TAKEN AND THE LENGTH OF TIME FROM RECEIPT OF EACH
25 REPORT TO FINAL BOARD ACTION.
26 SECTION 5. THE HEADING OF ARTICLE VII OF THE ACT IS AMENDED
27 TO READ:
28 ARTICLE VII
29 [MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND]
30 PROFESSIONAL LIABILITY INSURANCE
19880H2520B3902 - 12 -
1 SECTION 6. SECTION 701(A)(1) AND (3) AND (D) OF THE ACT,
2 AMENDED OCTOBER 15, 1980 (P.L.971, NO.165), ARE AMENDED AND THE
3 SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
4 SECTION 701. PROFESSIONAL LIABILITY INSURANCE AND FUND.--(A)
5 EVERY HEALTH CARE PROVIDER [AS DEFINED IN THIS ACT, PRACTICING
6 MEDICINE OR PODIATRY OR OTHERWISE PROVIDING HEALTH CARE SERVICES
7 IN THE COMMONWEALTH] SHALL INSURE HIS PROFESSIONAL LIABILITY
8 [ONLY] WITH AN INSURER LICENSED OR APPROVED BY THE COMMONWEALTH
9 OF PENNSYLVANIA, OR PROVIDE PROOF OF SELF-INSURANCE IN
10 ACCORDANCE WITH THIS SECTION.
11 (1) [(I)] A HEALTH CARE PROVIDER, OTHER THAN HOSPITALS, WHO
12 CONDUCTS MORE THAN 50% OF HIS HEALTH CARE BUSINESS OR PRACTICE
13 WITHIN THE COMMONWEALTH OF PENNSYLVANIA SHALL INSURE OR SELF-
14 INSURE HIS PROFESSIONAL LIABILITY IN THE AMOUNT OF [$100,000]
15 $200,000 PER OCCURRENCE AND [$300,000] $600,000 PER ANNUAL
16 AGGREGATE, AND HOSPITALS LOCATED IN THE COMMONWEALTH SHALL
17 INSURE OR SELF-INSURE THEIR PROFESSIONAL LIABILITY IN THE AMOUNT
18 OF [$100,000] $200,000 PER OCCURRENCE, AND $1,000,000 PER ANNUAL
19 AGGREGATE, HEREINAFTER KNOWN AS "BASIC COVERAGE INSURANCE" AND
20 THEY SHALL BE ENTITLED TO PARTICIPATE IN THE FUND. [IN THE EVENT
21 THAT AMOUNTS WHICH SHALL BECOME PAYABLE BY THE FUND SHALL EXCEED
22 THE AMOUNT OF $20,000,000 IN ANY YEAR FOLLOWING CALENDAR YEAR
23 1980, BASIC COVERAGE INSURANCE COMMENCING IN THE ENSUING YEAR
24 SHALL BECOME $150,000 PER OCCURRENCE AND $450,000 PER ANNUAL
25 AGGREGATE FOR HEALTH CARE PROVIDERS OTHER THAN HOSPITALS FOR
26 WHICH BASIC COVERAGE INSURANCE SHALL BECOME $150,000 PER
27 OCCURRENCE AND $1,000,000 PER ANNUAL AGGREGATE.
28 (II) IN THE EVENT THAT AMOUNTS WHICH SHALL BECOME PAYABLE BY
29 THE FUND SHALL EXCEED THE AMOUNT OF $30,000,000 IN ANY YEAR
30 FOLLOWING CALENDAR YEAR 1982, BASIC COVERAGE INSURANCE
19880H2520B3902 - 13 -
1 COMMENCING IN THE ENSUING YEAR SHALL BECOME $200,000 PER
2 OCCURRENCE AND $600,000 PER ANNUAL AGGREGATE FOR HEALTH CARE
3 PROVIDERS OTHER THAN HOSPITALS FOR WHICH BASIC COVERAGE
4 INSURANCE SHALL BECOME $200,000 PER OCCURRENCE AND $1,000,000
5 PER ANNUAL AGGREGATE.]
6 * * *
7 (3) FOR THE PURPOSES OF THIS SECTION, "HEALTH CARE BUSINESS
8 OR PRACTICE" SHALL MEAN THE NUMBER OF PATIENTS TO WHOM [HEALTH
9 CARE] MEDICAL SERVICES ARE RENDERED BY A HEALTH CARE PROVIDER
10 WITHIN AN ANNUAL PERIOD.
11 * * *
12 (D) THERE IS HEREBY CREATED A CONTINGENCY FUND FOR THE
13 PURPOSE OF PAYING ALL COSTS OF OPERATION OF THE FUND AND ALL
14 AWARDS, JUDGMENTS AND SETTLEMENTS FOR LOSS OR DAMAGES AGAINST A
15 HEALTH CARE PROVIDER ENTITLED TO PARTICIPATE IN THE FUND AS A
16 CONSEQUENCE OF ANY CLAIM FOR PROFESSIONAL LIABILITY BROUGHT
17 AGAINST SUCH HEALTH CARE PROVIDER AS A DEFENDANT OR AN
18 ADDITIONAL DEFENDANT TO THE EXTENT SUCH HEALTH CARE PROVIDER'S
19 SHARE EXCEEDS HIS BASIC COVERAGE INSURANCE [IN EFFECT AT THE
20 TIME OF OCCURRENCE] AS PROVIDED IN SUBSECTION (A)(1). SUCH FUND
21 SHALL BE KNOWN AS THE "MEDICAL PROFESSIONAL LIABILITY
22 CATASTROPHE LOSS FUND," IN THIS ARTICLE VII CALLED THE "FUND."
23 THE LIMIT OF LIABILITY OF THE FUND SHALL BE $1,000,000 FOR EACH
24 OCCURRENCE FOR EACH HEALTH CARE PROVIDER AND $3,000,000 PER
25 ANNUAL AGGREGATE FOR EACH HEALTH CARE PROVIDER.
26 * * *
27 (I) THE BASIC COVERAGE CARRIER IS SOLELY RESPONSIBLE FOR
28 TOTAL INVESTIGATION, DEFENSE AND SETTLEMENT OF THE CLAIM. THE
29 FUND IS OBLIGATED TO MAKE PAYMENT AS DIRECTED BY THE BASIC
30 COVERAGE CARRIER UP TO THE FUND'S LIMITS OF LIABILITY OF
19880H2520B3902 - 14 -
1 $1,000,000 PER HEALTH CARE PROVIDER. IF A HEALTH CARE LIABILITY
2 CLAIM IS MADE AGAINST A HEALTH CARE PROVIDER MORE THAN FOUR
3 YEARS AFTER THE OCCURRENCE ON WHICH THE CLAIM IS BASED, THE
4 CLAIM SHALL BE DEFENDED AND PAID IN ITS ENTIRETY BY THE FUND.
5 SECTION 7. SECTION 702(C), (D), (E) AND (F) OF THE ACT ARE
6 REPEALED.
7 SECTION 8. SECTIONS 702(H) AND 1001 OF THE ACT ARE AMENDED
8 TO READ:
9 SECTION 702. DIRECTOR AND ADMINISTRATION OF FUND.--* * *
10 (H) NOTHING IN THIS ACT SHALL PRECLUDE THE DIRECTOR FROM
11 ADJUSTING OR PAYING FOR THE ADJUSTMENT OF CLAIMS UNDER SECTION
12 203-A(F).
13 SECTION 1001. IMMUNITY FROM LIABILITY FOR OFFICIAL
14 ACTIONS.--THERE SHALL BE NO LIABILITY ON THE PART OF AND NO
15 CAUSE OF ACTION FOR LIBEL OR SLANDER SHALL ARISE AGAINST ANY
16 MEMBER INSURER, THE STATE BOARD OF [MEDICAL EDUCATION AND
17 LICENSURE] MEDICINE, THE STATE BOARD OF OSTEOPATHIC [EXAMINERS]
18 MEDICINE, THE STATE BOARD OF PODIATRY [EXAMINERS, THE
19 ARBITRATION PANELS, THE ADMINISTRATOR], THE DIRECTOR OR THE
20 COMMISSIONER OR HIS REPRESENTATIVES FOR ANY ACTION TAKEN BY ANY
21 OF THEM IN THE PERFORMANCE OF THEIR RESPECTIVE POWERS AND DUTIES
22 UNDER THIS ACT.
23 SECTION 9. SECTION 1005 OF THE ACT IS REPEALED.
24 SECTION 10. SECTION 1006 OF THE ACT, AMENDED NOVEMBER 26,
25 1978 (P.L.1324, NO.320), IS AMENDED TO READ:
26 SECTION 1006. [JOINT] COMMITTEE.--[THERE IS HEREBY CREATED A
27 COMMITTEE TO CONSIST OF THE COMMISSIONER AS CHAIRMAN, THE
28 SECRETARY OF HEALTH AND TWO MEMBERS OF THE SENATE, ONE MEMBER OF
29 EACH PARTY, TO BE APPOINTED BY THE PRESIDENT PRO TEMPORE AND TWO
30 MEMBERS OF THE HOUSE OF REPRESENTATIVES, ONE MEMBER OF EACH
19880H2520B3902 - 15 -
1 PARTY, TO BE APPOINTED BY THE SPEAKER OF THE HOUSE OF
2 REPRESENTATIVES. THE COMMITTEE SHALL STUDY THE DISTRIBUTION OF
3 PROFESSIONAL LIABILITY INSURANCE COSTS AS AMONG THE VARIOUS
4 CLASSES OF PHYSICIANS AND HEALTH CARE PROVIDERS AND SHALL REPORT
5 ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY WITHIN
6 ONE YEAR OF THE EFFECTIVE DATE OF THIS ACT. THE COMMITTEE SHALL
7 ALSO STUDY ALL PHASES AND THE FINANCIAL IMPACT OF THE OPERATIONS
8 OF THE MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND AND
9 SHALL REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL
10 ASSEMBLY ON OR BEFORE JULY 1, 1977. THIS COMMITTEE SHALL ALSO
11 STUDY ACTUAL OR POTENTIAL PROBLEMS OF CONFLICTS OF INTEREST
12 WHICH EXIST OR MAY EXIST AMONG MEMBERS OF THE ARBITRATION PANEL
13 WITH EACH OTHER AND WITH OTHER PERSONS APPEARING BEFORE THE
14 ARBITRATION PANEL OR HAVING THEIR INTERESTS REPRESENTED BEFORE
15 THE ARBITRATION PANEL. THE COMMITTEE SHALL PROMULGATE A PROPOSED
16 CODE OF ETHICS WITH SUGGESTED LEGAL SANCTIONS TO DEAL WITH ANY
17 VIOLATORS OF THE CODE OF ETHICS ON OR BEFORE JULY 1, 1976. THIS
18 COMMITTEE SHALL STUDY THE ACT, ITS APPLICATION AND OPERATION TO
19 DETERMINE IF ANY CHANGES IN THE PRESENT ACT ARE NECESSARY OR
20 ADVISABLE. THIS STUDY SHALL INCLUDE CONSIDERATION OF THE
21 ADVISABILITY AND POTENTIAL EFFECT OF THE APPLICATION OF THE ACT
22 TO MENTAL HEALTH/MENTAL RETARDATION FACILITIES. THE COMMITTEE
23 SHALL REPORT ON THIS STUDY ON OR BEFORE JULY 1, 1979 AND EACH
24 YEAR THEREAFTER.] (A) THERE IS ESTABLISHED THE JOINT COMMITTEE
25 ON PROFESSIONAL LIABILITY. THE COMMITTEE SHALL CONSIST OF TWO
26 MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT PRO TEMPORE,
27 ONE FROM THE MAJORITY PARTY AND ONE FROM THE MINORITY PARTY; TWO
28 MEMBERS OF THE HOUSE OF REPRESENTATIVES, APPOINTED BY THE
29 SPEAKER OF THE HOUSE, ONE FROM THE MAJORITY PARTY AND ONE FROM
30 THE MINORITY PARTY; THE COMMISSIONER; THE SECRETARY OF HEALTH;
19880H2520B3902 - 16 -
1 THE DIRECTOR; AND NINE NONVOTING ADVISORY MEMBERS. THE
2 LEGISLATIVE MEMBERS SHALL SELECT A CHAIRMAN FROM AMONG THEIR
3 NUMBER. LEGISLATIVE MEMBERS SHALL BE APPOINTED OR REAPPOINTED
4 DURING EACH REGULAR SESSION OF THE GENERAL ASSEMBLY AND SHALL
5 CONTINUE AS MEMBERS UNTIL THE FIRST TUESDAY IN JANUARY OF THE
6 NEXT ODD-NUMBERED YEAR AND UNTIL THEIR RESPECTIVE SUCCESSORS
7 SHALL BE APPOINTED, PROVIDED THEY CONTINUE TO BE MEMBERS OF THE
8 SENATE OR THE HOUSE OF REPRESENTATIVES. THE TERM OF OFFICE OF
9 THOSE COMMITTEE MEMBERS WHO DO NOT CONTINUE TO BE MEMBERS OF THE
10 SENATE OR THE HOUSE OF REPRESENTATIVES SHALL CEASE UPON THE
11 CONVENING OF THE NEXT REGULAR SESSION OF THE GENERAL ASSEMBLY
12 AFTER THEIR APPOINTMENT. THE NONLEGISLATIVE MEMBERS SHALL SERVE
13 A TERM ON THE COMMITTEE COTERMINOUS WITH THE OFFICE WHICH THEY
14 HOLD. NONLEGISLATIVE MEMBERS SHALL NOT HAVE A VOTE ON THE
15 COMMITTEE. THE COMMITTEE SHALL HAVE A CONTINUING EXISTENCE AND
16 MAY MEET AND CONDUCT ITS BUSINESS AT ANY PLACE WITHIN THIS
17 COMMONWEALTH DURING THE SESSIONS OF THE GENERAL ASSEMBLY OR ANY
18 RECESS AND IN THE INTERIM BETWEEN SESSIONS.
19 (B) THE CHAIRMAN SHALL APPOINT NINE NONVOTING ADVISORY
20 MEMBERS: THREE ATTORNEYS-AT-LAW WHO, FOR A PERIOD OF AT LEAST
21 FIVE YEARS IMMEDIATELY PRIOR TO THEIR APPOINTMENT HAVE BEEN
22 PRINCIPALLY ENGAGED IN THE REPRESENTATION OF PLAINTIFFS
23 GENERALLY AND PATIENTS IN PROFESSIONAL LIABILITY CLAIMS; ONE
24 MEMBER FROM A LIST SUBMITTED BY THE PENNSYLVANIA MEDICAL
25 SOCIETY, ONE MEMBER FROM A LIST SUBMITTED BY THE HOSPITAL
26 ASSOCIATION OF PENNSYLVANIA AND ONE MEMBER WHO HAS NATIONAL
27 RECOGNITION IN THE FIELD OF PROFESSIONAL LIABILITY; AND THREE
28 HEALTH CARE PROVIDERS WHO, FOR A PERIOD OF FIVE YEARS
29 IMMEDIATELY PRIOR TO THEIR APPOINTMENT HAVE BEEN PRINCIPALLY
30 ENGAGED IN PROVIDING HEALTH CARE. THE TERMS OF ADVISORY MEMBERS
19880H2520B3902 - 17 -
1 SHALL CONTINUE UNTIL THE FIRST TUESDAY IN JANUARY IN ODD-
2 NUMBERED YEARS AND UNTIL THEIR RESPECTIVE SUCCESSORS ARE
3 APPOINTED.
4 (C) THE MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT
5 COMPENSATION.
6 SECTION 11. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
7 SECTION 1006.1. DUTIES OF THE COMMITTEE.--THE COMMITTEE
8 SHALL STUDY THE DISTRIBUTION OF PROFESSIONAL LIABILITY INSURANCE
9 COSTS AMONG THE VARIOUS CLASSES OF PHYSICIANS AND HEALTH CARE
10 PROVIDERS IN THIS COMMONWEALTH ALONG WITH ALL PHASES AND THE
11 FINANCIAL IMPACT OF THE OPERATION OF THE FUND. THE COMMITTEE
12 SHALL ALSO STUDY THE PROVISIONS OF THIS ACT, ITS APPLICATION AND
13 OPERATION TO DETERMINE IF CHANGES IN THE ACT ARE NECESSARY OR
14 ADVISABLE. THIS STUDY SHALL INCLUDE CONSIDERATION OF THE
15 ADVISABILITY AND POTENTIAL EFFECT OF THE APPLICATION OF THE ACT
16 TO MENTAL HEALTH/MENTAL RETARDATION FACILITIES. THE COMMITTEE
17 SHALL MAKE A REPORT OF ITS STUDIES AND FINDINGS TO THE GENERAL
18 ASSEMBLY EACH YEAR.
19 SECTION 1006.2. TECHNICAL ASSISTANCE.--(A) THE COMMITTEE
20 MAY CALL UPON THE DIRECTOR, THE BANKING AND INSURANCE COMMITTEE
21 AND THE PUBLIC HEALTH AND WELFARE COMMITTEE OF THE SENATE AND
22 THE INSURANCE COMMITTEE AND HEALTH AND WELFARE COMMITTEE OF THE
23 HOUSE OF REPRESENTATIVES FOR ASSISTANCE. THE MEMBERS OF THE
24 COMMITTEE SHALL SERVE WITHOUT COMPENSATION.
25 SECTION 1006.3. SUBCOMMITTEE.--THE COMMITTEE SHALL APPOINT A
26 SUBCOMMITTEE TO SPECIFICALLY STUDY THE DISTRIBUTION OF
27 PROFESSIONAL LIABILITY INSURANCE COSTS AMONG THE VARIOUS CLASSES
28 OF PHYSICIANS AND HEALTH CARE PROVIDERS IN THIS COMMONWEALTH
29 ALONG WITH ALL PHASES AND THE FINANCIAL IMPACT OF THE OPERATION
30 OF THE FUND. THE SUBCOMMITTEE SHALL BE APPOINTED TO INCLUDE
19880H2520B3902 - 18 -
1 REPRESENTATIVES OF THE LEGAL PROFESSION REPRESENTING BOTH
2 PLAINTIFFS AND DEFENDANTS, THE MEDICAL PROFESSION, THE INSURANCE
3 INDUSTRY AND THE ACTUARIAL PROFESSION. THE SUBCOMMITTEE SHALL BE
4 CHARGED WITH PERFORMING AN IN-DEPTH STUDY OF CURRENT
5 PENNSYLVANIA PROFESSIONAL LIABILITY INSURANCE PRACTICES IN ORDER
6 TO DETERMINE THEIR FAIRNESS AND EQUITY AND THE SUBCOMMITTEE
7 SHALL REPORT THESE RECOMMENDATIONS TO THE COMMITTEE, WHICH SHALL
8 IN TURN REPORT THE FINDINGS TO THE GENERAL ASSEMBLY.
9 (B) THE SUBCOMMITTEE SHALL CONSIST OF ONE MEMBER
10 REPRESENTING THE MEDICAL COMMUNITY, ONE MEMBER REPRESENTING
11 HOSPITAL ADMINISTRATION, ONE MEMBER REPRESENTING THE TRIAL BAR,
12 ONE MEMBER REPRESENTING THE DEFENSE BAR, ONE MEMBER REPRESENTING
13 THE INSURANCE FEDERATION OF PENNSYLVANIA, ACTUARIAL EXPERTS AS
14 NEEDED AND THOSE MEMBERS OF THE COMMITTEE WHO ELECT TO
15 PARTICIPATE EX OFFICIO.
16 (C) THE MEMBERS OF THIS SUBCOMMITTEE SHALL SERVE WITHOUT
17 COMPENSATION; BUT, AT THEIR OPTION, THEY SHALL RECEIVE A PER
18 DIEM ALLOWANCE ESTABLISHED BY THE COMMITTEE AND PAYABLE FROM
19 GENERAL TAX REVENUE, OR THEY SHALL BE REIMBURSED BY THE
20 COMMITTEE FROM THE SAME SOURCES FOR ACTUAL AND NECESSARY
21 EXPENSES NOT EXCEEDING THE PER DIEM ALLOWANCE INCURRED WHILE
22 ATTENDING SESSIONS OF THE SUBCOMMITTEE OR WHILE ENGAGED ON OTHER
23 COMMITTEE BUSINESS AUTHORIZED BY THE COMMITTEE.
24 SECTION 12. SECTION 1007.1 OF THE ACT IS REPEALED.
25 SECTION 13. (A) THE ACT OF DECEMBER 18, 1984 (P.L.1068,
26 NO.213), ENTITLED, AS AMENDED "AN ACT REQUIRING PHYSICIANS TO
27 OBTAIN INFORMED CONSENT FROM PATIENTS FOR TREATMENT OF BREAST
28 DISEASE," IS REPEALED.
29 (B) ALL OTHER ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR AS
30 THEY ARE INCONSISTENT WITH THIS ACT.
19880H2520B3902 - 19 -
1 SECTION 14. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
F3L40JLW/19880H2520B3902 - 20 -