THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, ORIE, WASHINGTON, RAFFERTY, FERLO, EARLL, WAUGH AND O'PAKE, JANUARY 20, 2009

REFERRED TO BANKING AND INSURANCE, JANUARY 20, 2009  

AN ACT

Amending the act of March 20, 2002 (P.L.154, No.13), entitled

"An act reforming the law on medical professional liability;

providing for patient safety and reporting; establishing the

Patient Safety Authority and the Patient Safety Trust Fund;

abrogating regulations; providing for medical professional

liability informed consent, damages, expert qualifications,

limitations of actions and medical records; establishing the

Interbranch Commission on Venue; providing for medical

professional liability insurance; establishing the Medical

Care Availability and Reduction of Error Fund; providing for

medical professional liability claims; establishing the Joint

Underwriting Association; regulating medical professional

liability insurance; providing for medical licensure

regulation; providing for administration; imposing penalties;

and making repeals," in insurance, further providing for

medical professional liability insurance.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 711 of the act of March 20, 2002 (P.L.

154, No.13), known as the Medical Care Availability and

Reduction of Error (Mcare) Act, is amended by adding a

subsection to read:

Section 711.  Medical professional liability insurance.

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(d.1)  Election of coverage.--

(1)  For the calendar year 2010, and each year

thereafter, a health care provider, other than a hospital,

that would otherwise be required to annually insure or self-

insure its professional liability in the amount mandated by

this section may elect to be insured or self-insured below

the mandated amount. A health care provider who elects to be

insured or self-insured below the mandated amount must

provide annual written notice to the department of the

election and is not required to comply with subsections (b)

and (c). The notice shall be on a form approved by the

department and shall include the amount of liability coverage

the health care provider maintains.

(2)  A health care provider who elects to be insured or

self-insured below the mandated amount shall provide notice

to the health care provider's patients of the amount of

medical professional liability coverage the health care

provider maintains. The notice shall be printed on any

consent form that patients sign for a medical procedure.

* * *

Section 2.  This act shall take effect in 60 days.