PRIOR PRINTER'S NOS. 774, 992, 1077
PRINTER'S NO. 1115
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
747
Session of
2015
INTRODUCED BY VOGEL, WHITE, SCARNATI, STEFANO, MENSCH, WARD,
FOLMER, BARTOLOTTA AND McILHINNEY, APRIL 20, 2015
AS AMENDED ON SECOND CONSIDERATION, JUNE 24, 2015
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," further providing for punitive damages;
providing for punitive damages study; and imposing duties on
the Insurance Commissioner.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 505(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 to read:
Section 505. Punitive damages.
* * *
(d) Total amount of damages.--The following shall apply:
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(1) Except as provided under paragraph (2) and in cases
alleging intentional misconduct, punitive damages against an
individual physician shall not exceed 200% of the
compensatory damages awarded. Punitive damages, when awarded,
shall not be less than $100,000 unless a lower verdict amount
is returned by the trier of fact.
(2) The following shall apply:
(i) Except in cases alleging intentional misconduct,
punitive damages against any of the following shall not
exceed 250% of the compensatory damages awarded:
(A) A personal care home or an assisted living
community, licensed by the Department of Human
Services under the act of June 13, 1967 (P.L.31,
No.21), known as the Public Welfare Code.
(B) A long-term care nursing facility licensed
by the Department of Health under the act of July 19,
1979 (P.L.130, No.48), known as the Health Care
Facilities Act.
(C) An officer, employee or agent of the
entities under clauses (A) and (B), while acting in
the course and scope of their employment.
(ii) Punitive damages, when awarded, shall not be
less than $100,000 unless a lower verdict amount is
returned by the trier of fact.
* * *
Section 2. The act is amended by adding a chapter to read:
CHAPTER 13
PUNITIVE DAMAGES STUDY
Section 1301. Duty of commissioner.
The commissioner shall study the amount of punitive damages
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paid by physicians, long-term care nursing facilities licensed
by the Department of Health and personal care homes and assisted
living facilities licensed by the Department of Human Services
practicing in this Commonwealth since March 20, 2005. State
agencies shall cooperate with the commissioner as necessary to
obtain this information. REPORTED TO MCARE AS BEING PAID BY
HEALTH CARE PROVIDERS SINCE MARCH 20, 2005.
Section 1302. Completion of study and updates.
The commissioner must complete the study one year after this
chapter takes effect.
Section 1303. Submission.
The study must be submitted to the following:
(1) The chairman and minority chairman of the Banking
and Insurance Committee of the Senate.
(2) The chairman and minority chairman of the Insurance
Committee of the House of Representatives.
Section 3. This act shall take effect as follows:
(1) The amendment of section 505(d) of the act shall
take effect in 60 days.
(2) The remainder of this act shall take effect
immediately.
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