PRINTER'S NO. 2663
No. 2031 Session of 1989
INTRODUCED BY COLAFELLA, TRELLO, CALTAGIRONE, COLAIZZO, HALUSKA, MORRIS, JOHNSON, CIVERA, BILLOW, PRESSMANN, PESCI, GODSHALL, FARGO, PISTELLA, GIGLIOTTI, BUNT AND COLE, OCTOBER 23, 1989
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 23, 1989
AN ACT 1 Providing for indemnification of the cost of legal defense to 2 health care providers for health care reporting requirements. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the Health Care 7 Providers Immunity Defense Act. 8 Section 2. Legislative findings and intent. 9 (a) Findings.--The General Assembly finds and declares as 10 follows: 11 (1) The General Assembly has, over the years, imposed on 12 health care providers many special duties of reporting facts 13 learned in the performance of their profession to 14 departments, agencies, boards or commissions created by or as 15 part of State government. 16 (2) In some of these instances, the General Assembly has 17 enacted immunity statutes granting immunity to health care
1 providers for complying with this statutorily imposed duty, 2 and, in other instances, no immunity has been legislatively 3 granted. 4 (3) In some instances, where no immunity statutes have 5 been enacted, absolute or qualified immunity has been granted 6 by judicial decision. 7 (4) Many of the immunity statutes have been qualified by 8 such limitations as applicability only to criminal or civil 9 cases, limitation to defamation and the requirement that 10 reports be made in good faith or without malice. 11 (5) Despite the grants of immunity, health care 12 providers have been subjected to lawsuits in the past, 13 potentially face lawsuits in the future and have been 14 responsible for the costs of defense, including the payment 15 of legal fees, even when they have been successful in defense 16 because of their immunity. 17 (6) It is unfair to require health care providers to 18 make reports of facts learned in their professional capacity 19 yet not provide for payment of the costs of legal 20 representation if they are subjected to lawsuits for making 21 these reports. 22 (b) Intent.--It is the intent of the General Assembly that 23 the Commonwealth indemnify health care providers when they are 24 sued for reporting requirements which are statutorily imposed 25 and to provide for the award of reasonable attorney fees to such 26 health care providers in the event of a successful defense. 27 Section 3. Definitions. 28 The following words and phrases when used in this act shall 29 have the meanings given to them in this section unless the 30 context clearly indicates otherwise: 19890H2031B2663 - 2 -
1 "Health care provider." A person licensed by the 2 Commonwealth to provide health care or professional medical 3 services as a physician, an osteopathic physician or surgeon, a 4 podiatrist and an employee or agent of any of them acting in the 5 course and scope of employment. 6 "Indemnify." To restore the defendant who is the victim of a 7 loss because of the cost of counsel fees by payment of an amount 8 equal to such costs. 9 "Reporting requirements." Statutes enacted by the General 10 Assembly which require or permit persons to make reports 11 concerning health care to departments, agencies, boards or 12 commissions created by or as part of State government. 13 "Statutes requiring reports and granting immunity." Statutes 14 enacted by the General Assembly which both require or permit 15 persons to make reports concerning health care and grant 16 immunity for making such reports. 17 Section 4. Defense of suits. 18 When an action is brought against a health care provider for 19 an act or acts performed by a health care provider in accordance 20 with reporting requirements or statutes requiring reports and 21 granting immunity, if: 22 (1) The defendant finally and completely prevails, the 23 defendant shall be allowed a reasonable attorney fee to be 24 taxed and collected as a part of the costs of the suit. 25 (2) The defendant makes a reasonable effort to collect 26 such costs and they have not been paid by the unsuccessful 27 plaintiff or the defendant's insurer, the Commonwealth shall 28 indemnify the prevailing defendant and all funds required for 29 such indemnification are hereby specifically appropriated 30 from the Medical, Osteopathic and Podiatry Fees Account, 19890H2031B2663 - 3 -
1 which is a special restricted receipts account of the General 2 Fund, or its successor. 3 (3) Such reasonable attorney fee is not paid by the 4 unsuccessful plaintiff, and the Commonwealth has paid such 5 fee to the prevailing defendant pursuant to this section, the 6 Commonwealth shall have a cause of action against such 7 unsuccessful plaintiff to recover its indemnity payment. 8 (4) Such indemnity payment is recovered from an 9 unsuccessful plaintiff by the Commonwealth, it shall be paid 10 into the Medical, Osteopathic and Podiatry Fees Account, or 11 its successor. 12 Section 5. Effective date. 13 This act shall take effect immediately. L13L35CHF/19890H2031B2663 - 4 -