PRINTER'S NO. 205
No. 175 Session of 2003
INTRODUCED BY FLEAGLE, COY, SATHER, BASTIAN, CAPPELLI, NAILOR,
NICKOL, LEWIS, HORSEY, YOUNGBLOOD, HENNESSEY, SAYLOR, BROWNE,
TIGUE AND EGOLF, FEBRUARY 11, 2003
REFERRED TO COMMITTEE ON INSURANCE, FEBRUARY 11, 2003
AN ACT
1 Amending the act of March 20, 2002 (P.L.154, No.13), known as
2 the Medical Care Availability and Reduction of Error (Mcare)
3 Act, reforming the law on medical professional liability;
4 providing for patient safety and reporting; establishing the
5 Patient Safety Authority and the Patient Safety Trust Fund;
6 abrogating regulations; providing for medical professional
7 liability informed consent, damages, expert qualifications,
8 limitations of actions and medical records; establishing the
9 Interbranch Commission on Venue; providing for medical
10 professional liability insurance; establishing the Medical
11 Care Availability and Reduction of Error Fund; providing for
12 medical professional liability claims; establishing the Joint
13 Underwriting Association; regulating medical professional
14 liability insurance; providing for medical licensure
15 regulation; providing for administration; imposing penalties;
16 and making repeals," further defining "nonparticipating
17 health care provider" and "participating health care
18 provider."
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. The definitions of "nonparticipating health care
22 provider" and "participating health care provider" in section
23 702 of the act of March 20, 2002 (P.L.154, No.13), known as the
24 Medical Care Availability and Reduction of Error (Mcare) Act,
25 are amended to read:
1 Section 702. Definitions.
2 The following words and phrases when used in this chapter
3 shall have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 * * *
6 "Nonparticipating health care provider." A health care
7 provider as defined in section 103 that conducts [20%] 50% or
8 less of its health care business or practice within this
9 Commonwealth.
10 "Participating health care provider." A health care provider
11 as defined in section 103 that conducts more than [20%] 50% of
12 its health care business or practice within this Commonwealth or
13 a nonparticipating health care provider who chooses to
14 participate in the fund.
15 * * *
16 Section 2. This act shall take effect in 60 days.
A16L40SFL/20030H0175B0205 - 2 -