THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GRELL, AUMENT, BENNINGHOFF, BLOOM, BOYD, CUTLER, DENLINGER, GINGRICH, GROVE, KAUFFMAN, KILLION, REICHLEY, SIMMONS, TALLMAN, TURZAI, VULAKOVICH, ROSS, MUSTIO AND O'NEILL, JUNE 6, 2011

REFERRED TO COMMITTEE ON JUDICIARY, JUNE 6, 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," further defining "health care provider";

and further providing for punitive damages.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "health care provider" in

section 503 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 to read:

Section 503.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Health care provider."  A primary health care center, a

personal care home or assisted living residence licensed by the

Department of Public Welfare pursuant to the act of June 13,

1967 (P.L.31, No.21), known as the Public Welfare Code, a home

health care agency licensed by the Department of Health pursuant

to the act of July 19, 1979 (P.L.130, No.48), known as the

Health Care Facilities Act, or a person, including a

corporation, university or other educational institution

licensed or approved by the Commonwealth to provide health care

or professional medical services as a physician, a certified

nurse midwife, a podiatrist, hospital, nursing home, birth

center, and an officer, employee or agent of any of them acting

in the course and scope of employment.

* * *

Section 2.  Section 505(d) of the act is amended to read:

Section 505.  Punitive damages.

* * *

(d)  Total amount of damages.--Except in cases alleging

intentional misconduct, punitive damages against [an individual

physician] a health care provider shall not exceed 200% of the

compensatory damages awarded. Punitive damages, when awarded,

shall not be less than $100,000 unless a lower verdict amount is

returned by the trier of fact.

* * *

Section 3.  This act shall take effect in 60 days.