PRIOR PRINTER'S NOS. 1309, 2052               PRINTER'S NO. 2098

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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
    20050S0972B2098                  - 2 -     

     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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