<-1Amending the act of May 17, 1921 (P.L.682, No.284), entitled "An 
2act relating to insurance; amending, revising, and 
3consolidating the law providing for the incorporation of 
4insurance companies, and the regulation, supervision, and 
5protection of home and foreign insurance companies, Lloyds 
6associations, reciprocal and inter-insurance exchanges, and 
7fire insurance rating bureaus, and the regulation and 
8supervision of insurance carried by such companies, 
9associations, and exchanges, including insurance carried by 
10the State Workmen's Insurance Fund; providing penalties; and 
11repealing existing laws," adding provisions <-Providing for 
12benevolent gestures relating to medical professional
13liability insurance<-; and further providing for the expiration 
14of children's health care provisions.

15The General Assembly of the Commonwealth of Pennsylvania
16hereby enacts as follows:

<-17Section 1. The act of May 17, 1921 (P.L.682, No.284), known
18as The Insurance Company Law of 1921, is amended by adding an
19article to read:

20ARTICLE VI-C

21Medical Professional Liability Insurance

22Section 601-C. Statement of policy.

23The General Assembly finds and declares that the Commonwealth

1has an interest in controlling medical professional liability
2costs and ensuring the medical professional liability insurance
3market is robust. Requiring medical professional liability
4insurance carriers to encourage benevolent gestures by insured
5health care providers will help to promote early resolution of
6issues and help to control medical professional liability
7insurance costs.

8Section 602-C. Definitions.

9The following words and phrases when used in this article
10shall have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Assisted living residence." As defined in section 1001 of
13the act of June 13, 1967 (P.L.31, No.21), known as the Public
14Welfare Code.

15"Benevolent gesture." Any action, conduct, statement or
16gesture that conveys a sense of apology, condolence,
17explanation, compassion or commiseration emanating from humane
18impulses.

19"Health care provider." A primary health care center, a
20personal care home licensed by the Department of Public Welfare
21under the act of June 13, 1967 (P.L.31, No.21), known as the
22Public Welfare Code, or a person, including a corporation,
23university or other educational institution licensed or approved
24by the Commonwealth to provide health care or professional
25medical services as a physician, certified nurse midwife,
26podiatrist, hospital, nursing home, birth center and an officer,
27employee or agent of any of them acting in the course and scope
28of employment.

29"Relative." A patient's spouse, parent, stepparent,
30grandparent, child, stepchild, grandchild, brother, sister,

1half-brother, half-sister, spouse's parents or any person who
2has a family-type relationship with a patient.

3"Representative." A legal guardian, attorney, agent
4designated to make medical decisions under a power of attorney
5over health care matters, a health care representative who is
6authorized to make health care decisions for a principal under
7applicable law, a surrogate designated in an advance directive
8for health care or any person recognized in law or custom as a
9patient's agent.

10Section 603-C. Requirement.

11Medical professional liability insurance carriers shall
12encourage benevolent gestures by insured health care providers.

13Section 604-C. Benevolent gesture or admission by health care
14provider, assisted living residence or ostensible
15agent.

16In any liability action, any benevolent gesture or admission
17made prior to the commencement of a medical professional
18liability action by:

19(1) a health care provider or an officer, employee or
20agent thereof, to a patient or resident or the patient's or
21resident's relative or representative regarding the patient's
22or resident's discomfort, pain, suffering, injury or death,
23regardless of the cause, resulting from any treatment,
24consultation, care or service or omission of treatment,
25consultation, care or service provided by the health care
26provider, assisted living residence, its employees, agents or
27contractors, prior to the commencement of a medical
28professional liability action, liability action,
29administrative action, mediation or arbitration; or

30(2) an assisted living residence or an officer, employee

1or agent thereof to a patient or resident or the patient's or
2resident's relative or representative regarding the patient's
3or resident's discomfort, pain, suffering, injury or death,
4regardless of the cause, resulting from any treatment,
5consultation, care or service or omission of treatment,
6consultation, care or service provided by the health care
7provider, assisted living residence or its employees, agents
8or contractors, prior to the commencement of a medical
9professional liability action, liability action,
10administrative action, mediation or arbitration

11shall be inadmissible as evidence of liability or as evidence of
12an admission against interest.

13Section 605-C. Applicability.

14The addition of section 604-C shall apply to actions pending
15on the effective date of this section.

16Section 2. Section 2363 of the act, amended March 22, 2010
17(P.L.147, No.14), is amended to read:

18Section 2362. Expiration.--This article shall expire
19December 31, [2013] 2018.

20Section 3. This act shall take effect in 60 days.

<-21Section 1. Short title.

22This act shall be known and may be cited as the Benevolent
23Gesture Medical Professional Liability Act.

24Section 2. Definitions.

25The following words and phrases when used in this act shall
26have the meanings given to them in this section unless the
27context clearly indicates otherwise:

28"Assisted living residence." As defined in section 1001 of
29the act of June 13, 1967 (P.L.31, No.21), known as the Public
30Welfare Code.

1"Benevolent gesture." Any action, conduct, statement or
2gesture that conveys a sense of apology, condolence,
3explanation, compassion or commiseration emanating from humane
4impulses.

5"Health care provider." A primary health care center; a
6personal care home licensed by the Department of Public Welfare
7under the act of June 13, 1967 (P.L.31, No.21), known as the
8Public Welfare Code; a person, including a corporation,
9university or other educational institution licensed or approved
10by the Commonwealth to provide health care or professional
11medical services as a physician, certified nurse midwife,
12podiatrist, hospital, nursing home or birth center; or an
13officer, employee or agent of any of them acting in the course
14and scope of employment.

15"Relative." A patient's spouse, parent, stepparent,
16grandparent, child, stepchild, grandchild, brother, sister,
17half-brother, half-sister or spouse's parent or any person who
18has a family-type relationship with a patient.

19"Representative." Any legal guardian, attorney, agent
20designated to make medical decisions under a power of attorney
21over health care matters, health care representative who is
22authorized to make health care decisions for a principal under
23applicable law, surrogate designated in an advance directive for
24health care or person recognized in law or custom as a patient's
25agent.

26Section 3. Benevolent gesture by health care provider, assisted
27living residence or ostensible agent.

28(a) Scope.--This section applies to any benevolent gesture
29made prior to the commencement of a medical professional
30liability action, administrative action, mediation or

1arbitration:

2(1) by a health care provider or an officer, employee or
3agent of a health care provider, to a patient or resident or
4the patient's or resident's relative or representative
5regarding the patient's or resident's discomfort, pain,
6suffering, injury or death, regardless of the cause,
7resulting from any treatment, consultation, care or service
8or omission of treatment, consultation, care or service
9provided by the health care provider, assisted living
10residence or its employees, agents or contractors; or

11(2) by an assisted living residence or an officer,
12employee or agent of an assisted living residence to a
13patient or resident or the patient's or resident's relative
14or representative regarding the patient's or resident's
15discomfort, pain, suffering, injury or death, regardless of
16the cause, resulting from any treatment, consultation, care
17or service or omission of treatment, consultation, care or
18service provided by the health care provider, assisted living
19residence or its employees, agents or contractors.

20(b) Admissibility.--

21(1) Except as set forth in paragraph (2), any benevolent
22gesture described in subsection (a) shall be inadmissible as
23evidence of liability.

24(2) Notwithstanding any other provision of this act
25relating to benevolent gestures, paragraph (1) shall not
26apply to a communication, including an excited utterance,
27which also includes a statement or statements of negligence
28or fault pertaining to an accident or event.

29(c) Applicability.--This section shall apply to actions 
30commenced after the effective date of this section.

1Section 20. Effective date.

2This act shall take effect in 60 days.