PRIOR PRINTER'S NOS. 1309, 2052 PRINTER'S NO. 2098
No. 972 Session of 2005
INTRODUCED BY RAFFERTY, JUBELIRER, BRIGHTBILL, BOSCOLA, PUNT,
FONTANA, ERICKSON, GORDNER, PIPPY, ORIE, WOZNIAK, RHOADES,
WAUGH, BROWNE, REGOLA, C. WILLIAMS, D. WHITE, GREENLEAF,
CONTI, MADIGAN, TOMLINSON, COSTA, M. WHITE, THOMPSON, O'PAKE,
SCARNATI, WONDERLING, ROBBINS AND STACK, NOVEMBER 1, 2005
AS AMENDED ON THIRD CONSIDERATION, SEPTEMBER 26, 2006
AN ACT
1 Amending the act of March 20, 2002 (P.L.154, No.13), entitled
2 "An act reforming the law on medical professional liability;
3 providing for patient safety and reporting; establishing the
4 Patient Safety Authority and the Patient Safety Trust Fund;
5 abrogating regulations; providing for medical professional
6 liability informed consent, damages, expert qualifications,
7 limitations of actions and medical records; establishing the
8 Interbranch Commission on Venue; providing for medical
9 professional liability insurance; establishing the Medical
10 Care Availability and Reduction of Error Fund; providing for
11 medical professional liability claims; establishing the Joint
12 Underwriting Association; regulating medical professional
13 liability insurance; providing for medical licensure
14 regulation; providing for administration; imposing penalties;
15 and making repeals," further providing for the, IN Health <--
16 Care Provider Retention Program, FOR THE DEFINITION OF <--
17 "EMERGENCY PHYSICIAN," FOR ABATEMENT PROGRAM AND FOR
18 EXPIRATION.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Sections 1102 and 1115 of the act of March 20, <--
22 2002 (P.L.154, No.13), known as the Medical Care Availability
23 and Reduction of Error (Mcare) Act, added December 22, 2005
24 (P.L.458, No.88), are amended to read:
1 SECTION 1. THE DEFINITION OF "EMERGENCY PHYSICIAN" IN <--
2 SECTION 1101 OF THE ACT OF MARCH 20, 2002 (P.L.154, NO.13),
3 KNOWN AS THE MEDICAL CARE AVAILABILITY AND REDUCTION OF ERROR
4 (MCARE) ACT, ADDED DECEMBER 22, 2005 (P.L.458, NO.88), IS
5 AMENDED TO READ:
6 SECTION 1101. DEFINITIONS.
7 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
8 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
9 CONTEXT CLEARLY INDICATES OTHERWISE:
10 * * *
11 "EMERGENCY PHYSICIAN." A PHYSICIAN WHO IS CERTIFIED BY THE
12 AMERICAN BOARD OF EMERGENCY MEDICINE OR BY THE AMERICAN
13 OSTEOPATHIC BOARD OF EMERGENCY MEDICINE AND WHO IS EITHER
14 EMPLOYED FULL TIME BY A TRAUMA CENTER OR A HOSPITAL FOR THE
15 PERFORMANCE OF SERVICES IN THE HOSPITAL EMERGENCY DEPARTMENT; OR
16 IS WORKING UNDER AN EXCLUSIVE CONTRACT WITH A TRAUMA CENTER OR A
17 HOSPITAL FOR THE PERFORMANCE OF SERVICES IN THE HOSPITAL
18 EMERGENCY DEPARTMENT.
19 * * *
20 SECTION 2. SECTIONS 1102 AND 1115 OF THE ACT, ADDED DECEMBER
21 22, 2005 (P.L.458, NO.88), ARE AMENDED TO READ:
22 Section 1102. Abatement program.
23 (A) ESTABLISHMENT.--There is hereby established within the <--
24 Insurance Department a program to be known as the Health Care
25 Provider Retention Program. The Insurance Department, in
26 conjunction with the Department of Public Welfare, shall
27 administer the program. The program shall provide assistance in
28 the form of assessment abatements to health care providers for
29 calendar years 2003, 2004, 2005 [and], 2006[,] and 2007, except
30 that licensed podiatrists shall not be eligible for calendar
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1 years 2003 and 2004, and nursing homes shall not be eligible for
2 calendar years 2003, 2004 and 2005.
3 (B) OTHER ABATEMENT.--EMERGENCY PHYSICIANS NOT EMPLOYED FULL <--
4 TIME BY A TRAUMA CENTER OR WORKING UNDER AN EXCLUSIVE CONTRACT
5 WITH A TRAUMA CENTER SHALL RETAIN ELIGIBILITY FOR AN ABATEMENT
6 PURSUANT TO SECTION 1104(B)(2) FOR CALENDAR YEARS 2003, 2004,
7 2005 AND 2006. COMMENCING IN CALENDAR YEAR 2007, THESE EMERGENCY
8 PHYSICIANS SHALL BE ELIGIBLE FOR AN ABATEMENT PURSUANT TO
9 SECTION 1104(B)(1).
10 Section 1115. Expiration.
11 The Health Care Provider Retention Program established under
12 this chapter shall expire December 31, [2007] 2008.
13 Section 2. This act shall take effect immediately. <--
14 SECTION 3. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
15 (1) THE AMENDMENT OF THE DEFINITION OF "EMERGENCY
16 PHYSICIAN" IN SECTION 1101 AND THE ADDITION OF SECTION
17 1102(B) OF THE ACT SHALL TAKE EFFECT JANUARY 1, 2007.
18 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
19 IMMEDIATELY.
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