THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MICOZZIE, DeLUCA, FABRIZIO, CALTAGIRONE, GINGRICH, HORNAMAN, KORTZ, LONGIETTI, MILNE, MUNDY, READSHAW, STURLA AND VULAKOVICH, MARCH 3, 2011

REFERRED TO COMMITTEE ON INSURANCE, MARCH 3, 2011  

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," in insurance, further providing for the

Medical Care Availability and Reduction of Error Fund.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 712 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 by adding a

subsection to read:

Section 712.  Medical Care Availability and Reduction of Error

Fund.

* * *

(d.1)  Collection and payment.--

(1)  The basic insurance coverage insurer shall bill and

collect the assessment under subsection (d). The following

deadlines apply unless the department grants an extension by

notice in the Pennsylvania Bulletin:

(i)  The basic insurance coverage insurer shall be

sent within 30 days of the inception date or renewal

date, as applicable, of the policy.

(ii)  The health care provider shall pay the

assessment within the later of:

(A)  60 days of the inception date or renewal

date, as applicable, of the policy; or

(B)  30 days of receipt of the bill.

(iii)  The basic insurance coverage insurer shall

remit the assessment to the fund within the later of:

(A)  60 days of the inception date or renewal

date, as applicable, of the policy; or

(B)  30 days of receipt of payment.

(3)  A health care provider must comply with paragraph

(1)(ii) in order to receive basic insurance coverage.

(4)  Failure to remit under paragraph (3)(iii) does not

affect basic insurance coverage.

* * *

Section 2.  This act shall take effect in 60 days.