PRIOR PASSAGE - NONE
PRIOR PRINTER'S NOS. 1658, 1888 PRINTER'S NO. 1993
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 AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 10, 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 PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE COMMONWEALTH <--
6 OF PENNSYLVANIA, FURTHER PROVIDING FOR COMPENSATION LAWS
7 ALLOWED TO THE GENERAL ASSEMBLY.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby resolves as follows:
10 Section 1. Access to quality health care is of the utmost <--
11 importance to the safety and welfare of our Commonwealth's more
12 than 12 million citizens.
13 The health and welfare of our residents is in serious
14 jeopardy because many physicians faced with excessive medical
15 malpractice premiums can no longer afford to deliver quality
16 health care in this Commonwealth.
17 Several factors, including excessive jury awards, have
1 facilitated the sudden exodus of many of the medical malpractice
2 insurance providers in this Commonwealth.
3 This diminished market has placed severe restrictions on the
4 physician's ability to secure, afford and maintain reasonable
5 liability insurance.
6 In the absence of affordable insurance coverage, many
7 physicians are in the untenable position of being forced to
8 reduce services, moving to other states or leaving the medical
9 profession altogether.
10 The departure of our Commonwealth's physicians, combined with
11 costly insurance premiums, has resulted in the reduction of
12 other essential hospital services.
13 The ultimate result of this reduction in services is
14 restricted access to health care for the citizens of this
15 Commonwealth.
16 This Commonwealth is clearly in the midst of an escalating
17 liability emergency.
18 This Commonwealth has long been recognized as a leader in
19 medical research and medical services, supporting some of the
20 best medical institutions in the world.
21 It is imperative that the citizens of this Commonwealth
22 continue to have access to the best physicians, the safest
23 medical institutions and a fair and just legal system.
24 Access to quality health care must not come at the expense of
25 those injured by the willful or wanton actions of practitioners.
26 The Commonwealth must balance the right of its citizens to
27 quality health care against the rights of professionals who
28 cause injury to its citizens.
29 The General Assembly desires to alleviate the medical
30 emergency that has evolved from unreasonable jury awards,
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1 unaffordable insurance premiums and reduced reimbursements, but
2 is limited in its efforts by rigid restrictions in the
3 Constitution of Pennsylvania.
4 The safety and welfare of this Commonwealth requires prompt
5 amendment to the Constitution of Pennsylvania.
6 The following amendment to the Constitution of Pennsylvania
7 is proposed in accordance with section 1(a) and (b) of Article
8 XI:
9 That section 18 of Article III be amended to read:
10 § 18. Compensation laws allowed to General Assembly.
11 (a) The General Assembly may enact laws requiring the
12 payment by employers, or employers and employees jointly, of
13 reasonable compensation for injuries to employees arising in the
14 course of their employment, and for occupational diseases of
15 employees, whether or not such injuries or diseases result in
16 death, and regardless of fault of employer or employee, and
17 fixing the basis of ascertainment of such compensation and the
18 maximum and minimum limits thereof, and providing special or
19 general remedies for the collection thereof[; but in no other
20 cases shall]. Except as otherwise provided for in this section,
21 the General Assembly shall not limit the amount to be recovered
22 for injuries resulting in death, or for injuries to persons or
23 property, and in case of death from such injuries, the right of
24 action shall survive, and the General Assembly shall prescribe
25 for whose benefit such actions shall be prosecuted. No act shall
26 prescribe any limitations of time within which suits may be
27 brought against corporations for injuries to persons or
28 property, or for other causes different from those fixed by
29 general laws regulating actions against natural persons, and
30 such acts now existing are avoided.
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1 (b) Subject to the provisions of subsection (c), the General
2 Assembly may enact laws limiting the amount of recovery for
3 noneconomic and punitive damages in any medical professional
4 liability action.
5 (c) The provisions of subsection (b) shall not apply to
6 noneconomic and punitive damages in any medical professional
7 liability action if the act or omission amounts to willful or
8 wanton misconduct.
9 Section 2. This proposed amendment shall be submitted by the
10 Secretary of the Commonwealth to the qualified electors of the
11 State at the municipal election to be held on November 4, 2003,
12 after the advertising requirements of section 1(a) of Article XI
13 of the Constitution of Pennsylvania have been satisfied.
14 SECTION 1. THE FOLLOWING AMENDMENT TO THE CONSTITUTION OF <--
15 PENNSYLVANIA IS PROPOSED IN ACCORDANCE WITH ARTICLE XI:
16 THAT SECTION 18 OF ARTICLE III BE AMENDED TO READ:
17 § 18. COMPENSATION LAWS ALLOWED TO GENERAL ASSEMBLY.
18 THE GENERAL ASSEMBLY MAY ENACT LAWS REQUIRING THE PAYMENT BY
19 EMPLOYERS, OR EMPLOYERS AND EMPLOYEES JOINTLY, OF REASONABLE
20 COMPENSATION FOR INJURIES TO EMPLOYEES ARISING IN THE COURSE OF
21 THEIR EMPLOYMENT, AND FOR OCCUPATIONAL DISEASES OF EMPLOYEES,
22 WHETHER OR NOT SUCH INJURIES OR DISEASES RESULT IN DEATH, AND
23 REGARDLESS OF FAULT OF EMPLOYER OR EMPLOYEE, AND FIXING THE
24 BASIS OF ASCERTAINMENT OF SUCH COMPENSATION AND THE MAXIMUM AND
25 MINIMUM LIMITS THEREOF, AND PROVIDING SPECIAL OR GENERAL
26 REMEDIES FOR THE COLLECTION THEREOF[; BUT IN NO OTHER CASES
27 SHALL THE GENERAL ASSEMBLY LIMIT THE AMOUNT TO BE RECOVERED FOR
28 INJURIES RESULTING IN DEATH, OR FOR INJURIES TO PERSONS OR
29 PROPERTY, AND IN]. IN ALL OTHER CASES, THE GENERAL ASSEMBLY
30 SHALL NOT LIMIT THE RECOVERY OF ECONOMIC DAMAGES FOR INJURIES
20030H1326B1993 - 4 -
1 RESULTING IN DEATH, OR FOR INJURIES TO PERSONS OR PROPERTY AND
2 MAY BY STATUTE LIMIT THE RECOVERY OF NONECONOMIC DAMAGES FOR
3 INJURIES RESULTING IN DEATH, OR FOR INJURIES TO PERSONS OR
4 PROPERTY. IN CASE OF DEATH FROM SUCH INJURIES, THE RIGHT OF
5 ACTION SHALL SURVIVE, AND THE GENERAL ASSEMBLY SHALL PRESCRIBE
6 FOR WHOSE BENEFIT SUCH ACTIONS SHALL BE PROSECUTED. NO ACT SHALL
7 PRESCRIBE ANY LIMITATIONS OF TIME WITHIN WHICH SUITS MAY BE
8 BROUGHT AGAINST CORPORATIONS FOR INJURIES TO PERSONS OR
9 PROPERTY, OR FOR OTHER CAUSES DIFFERENT FROM THOSE FIXED BY
10 GENERAL LAWS REGULATING ACTIONS AGAINST NATURAL PERSONS, AND
11 SUCH ACTS NOW EXISTING ARE AVOIDED.
12 SECTION 2. (A) UPON THE FIRST PASSAGE BY THE GENERAL
13 ASSEMBLY OF THIS PROPOSED CONSTITUTIONAL AMENDMENT, THE
14 SECRETARY OF THE COMMONWEALTH SHALL PROCEED IMMEDIATELY TO
15 COMPLY WITH THE ADVERTISING REQUIREMENTS OF SECTION 1 OF ARTICLE
16 XI OF THE CONSTITUTION OF PENNSYLVANIA AND SHALL TRANSMIT THE
17 REQUIRED ADVERTISEMENTS TO TWO NEWSPAPERS IN EVERY COUNTY IN
18 WHICH SUCH NEWSPAPERS ARE PUBLISHED IN SUFFICIENT TIME AFTER
19 PASSAGE OF THIS PROPOSED CONSTITUTIONAL AMENDMENT.
20 (B) UPON THE SECOND PASSAGE BY THE GENERAL ASSEMBLY OF THIS
21 PROPOSED CONSTITUTIONAL AMENDMENT, THE SECRETARY OF THE
22 COMMONWEALTH SHALL PROCEED IMMEDIATELY TO COMPLY WITH THE
23 ADVERTISING REQUIREMENTS OF SECTION 1 OF ARTICLE XI OF THE
24 CONSTITUTION OF PENNSYLVANIA AND SHALL TRANSMIT THE REQUIRED
25 ADVERTISEMENTS TO TWO NEWSPAPERS IN EVERY COUNTY IN WHICH SUCH
26 NEWSPAPERS ARE PUBLISHED IN SUFFICIENT TIME AFTER PASSAGE OF
27 THIS PROPOSED CONSTITUTIONAL AMENDMENT. THE SECRETARY OF THE
28 COMMONWEALTH SHALL SUBMIT THIS PROPOSED CONSTITUTIONAL AMENDMENT
29 TO THE QUALIFIED ELECTORS OF THIS COMMONWEALTH AT THE FIRST
30 PRIMARY, GENERAL OR MUNICIPAL ELECTION WHICH MEETS THE
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1 REQUIREMENTS OF AND IS IN CONFORMANCE WITH SECTION 1 OF ARTICLE
2 XI OF THE CONSTITUTION OF PENNSYLVANIA AND WHICH OCCURS AT LEAST
3 THREE MONTHS AFTER THE PROPOSED CONSTITUTIONAL AMENDMENT IS
4 PASSED BY THE GENERAL ASSEMBLY.
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