THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY GREENLEAF, ORIE, WASHINGTON, RAFFERTY, FERLO, EARLL, WAUGH AND O'PAKE, JANUARY 20, 2009
REFERRED TO BANKING AND INSURANCE, JANUARY 20, 2009
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.