PRINTER'S NO. 2329
No. 1752 Session of 2005
INTRODUCED BY QUIGLEY, SCHRODER, TURZAI, CAPPELLI, CORNELL,
GEORGE, KILLION, REED, RUBLEY, KAUFFMAN, E. Z. TAYLOR,
GINGRICH, R. MILLER, REICHLEY, CRAHALLA AND METCALFE,
JUNE 15, 2005
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
JUNE 15, 2005
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 collateral
16 sources.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 508 of the act of March 20, 2002
20 (P.L.154, No.13), known as the Medical Care Availability and
21 Reduction of Error (Mcare) Act, is amended to read:
22 Section 508. Collateral sources.
23 (a) General rule.--[Except as set forth in subsection (d),
1 a] A claimant in a medical professional liability action is
2 precluded from recovering damages for past medical expenses or
3 past lost earnings incurred to the time of trial to the extent
4 that the loss is covered by a private or public benefit or
5 gratuity that the claimant has received prior to trial.
6 (b) Option.--The claimant has the option to introduce into
7 evidence at trial the amount of medical expenses actually
8 incurred, but the claimant shall not be permitted to recover for
9 such expenses as part of any verdict except to the extent that
10 the claimant remains legally responsible for such payment.
11 (c) No subrogation.--[Except as set forth in subsection (d),
12 there] There shall be no right of subrogation or reimbursement
13 from a claimant's tort recovery with respect to a public or
14 private benefit covered in subsection (a).
15 [(d) Exceptions.--The collateral source provisions set forth
16 in subsection (a) shall not apply to the following:
17 (1) Life insurance, pension or profit-sharing plans or
18 other deferred compensation plans, including agreements
19 pertaining to the purchase or sale of a business.
20 (2) Social Security benefits.
21 (3) Cash or medical assistance benefits which are
22 subject to repayment to the Department of Public Welfare.
23 (4) Public benefits paid or payable under a program
24 which under Federal statute provides for right of
25 reimbursement which supersedes State law for the amount of
26 benefits paid from a verdict or settlement.]
27 Section 2. This act shall take effect in 60 days.
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