THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, TARTAGLIONE, FONTANA, ORIE, WASHINGTON, GORDNER, RAFFERTY, FERLO, 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 Care Availability and Reduction of Error Fund.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 712(d) 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 paragraph

to read:

Section 712.  Medical Care Availability and Reduction of Error

Fund.

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(d)  Assessments.--

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(4)  A health care provider may elect to pay the annual

assessment in equal installments, not exceeding four, if the

health care provider informs the primary carrier of the

election to pay in installments. This paragraph shall apply

to surcharges for 2010 and thereafter.

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