PRIOR PASSAGE - NONE
PRIOR PRINTER'S NO. 1658 PRINTER'S NO. 1888
No. 1326 Session of 2003
INTRODUCED BY TURZAI, ARMSTRONG, BARRAR, BIRMELIN, CAPPELLI,
CLYMER, COLEMAN, CREIGHTON, FAIRCHILD, FEESE, GODSHALL,
HUTCHINSON, JAMES, LEH, LEWIS, MAHER, METCALFE, O'NEILL,
REED, ROSS, RUBLEY, SAYLOR, SCAVELLO, SCHRODER, S. H. SMITH,
STEIL, E. Z. TAYLOR, TIGUE, WEBER, WILT, YOUNGBLOOD, BOYD AND
BARD, MAY 6, 2003
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 2, 2003
A JOINT RESOLUTION
1 Proposing an amendment to the Constitution of the Commonwealth
2 of Pennsylvania, further providing for compensation laws
3 allowed to General Assembly relating to medical professional
4 liability actions.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby resolves as follows:
7 Section 1. Access to quality health care is of the utmost
8 importance to the safety and welfare of our Commonwealth's more
9 than 12 million citizens.
10 The health and welfare of our residents is in serious
11 jeopardy because many physicians faced with excessive medical
12 malpractice premiums can no longer afford to deliver quality
13 health care in this Commonwealth.
14 Several factors, including excessive jury awards, have
15 facilitated the sudden exodus of many of the medical malpractice
16 insurance providers in this Commonwealth.
1 This diminished market has placed severe restrictions on the
2 physician's ability to secure, afford and maintain reasonable
3 liability insurance.
4 In the absence of affordable insurance coverage, many
5 physicians are in the untenable position of being forced to
6 reduce services, moving to other states or leaving the medical
7 profession altogether.
8 The departure of our Commonwealth's physicians, combined with
9 costly insurance premiums, has resulted in the reduction of
10 other essential hospital services.
11 The ultimate result of this reduction in services is
12 restricted access to health care for the citizens of this
13 Commonwealth.
14 This Commonwealth is clearly in the midst of an escalating
15 liability emergency.
16 This Commonwealth has long been recognized as a leader in
17 medical research and medical services, supporting some of the
18 best medical institutions in the world.
19 It is imperative that the citizens of this Commonwealth
20 continue to have access to the best physicians, the safest
21 medical institutions and a fair and just legal system.
22 Access to quality health care must not come at the expense of
23 those injured by the actions of reckless, willful or wanton <--
24 WILLFUL OR WANTON ACTIONS OF practitioners. <--
25 The Commonwealth must balance the right of its citizens to
26 quality health care against the rights of professionals who
27 cause injury to its citizens.
28 The General Assembly desires to alleviate the medical
29 emergency that has evolved from unreasonable jury awards,
30 unaffordable insurance premiums and reduced reimbursements, but
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1 is limited in its efforts by rigid restrictions in the
2 Constitution of Pennsylvania.
3 The safety and welfare of this Commonwealth requires prompt
4 amendment to the Constitution of Pennsylvania.
5 The following amendment to the Constitution of Pennsylvania
6 is proposed in accordance with section 1(a) and (b) of Article
7 XI:
8 That section 18 of Article III be amended to read:
9 § 18. Compensation laws allowed to General Assembly.
10 (a) The General Assembly may enact laws requiring the
11 payment by employers, or employers and employees jointly, of
12 reasonable compensation for injuries to employees arising in the
13 course of their employment, and for occupational diseases of
14 employees, whether or not such injuries or diseases result in
15 death, and regardless of fault of employer or employee, and
16 fixing the basis of ascertainment of such compensation and the
17 maximum and minimum limits thereof, and providing special or
18 general remedies for the collection thereof[; but in no other
19 cases shall]. Except as otherwise provided for in this section,
20 the General Assembly shall not limit the amount to be recovered
21 for injuries resulting in death, or for injuries to persons or
22 property, and in case of death from such injuries, the right of
23 action shall survive, and the General Assembly shall prescribe
24 for whose benefit such actions shall be prosecuted. No act shall
25 prescribe any limitations of time within which suits may be
26 brought against corporations for injuries to persons or
27 property, or for other causes different from those fixed by
28 general laws regulating actions against natural persons, and
29 such acts now existing are avoided.
30 (b) Subject to the provisions of subsection (c), the General
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1 Assembly may enact laws limiting the amount of recovery for
2 noneconomic and punitive damages in any medical professional
3 liability action.
4 (c) The provisions of subsection (b) shall not apply to
5 noneconomic and punitive damages in any medical professional
6 liability action if the act or omission amounts to willful or
7 wanton misconduct.
8 Section 2. This proposed amendment shall be submitted by the
9 Secretary of the Commonwealth to the qualified electors of the
10 State at the municipal election to be held on November 4, 2003,
11 after the advertising requirements of section 1(a) of Article XI
12 of the Constitution of Pennsylvania have been satisfied.
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