PRINTER'S NO.  2609

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1907

Session of

2011

  

  

INTRODUCED BY GRELL, BAKER, BENNINGHOFF, BOYD, CUTLER, ELLIS, EVERETT, GINGRICH, GODSHALL, HICKERNELL, KAUFFMAN, PICKETT, REED, SIMMONS, TALLMAN, CLYMER, VULAKOVICH, STEVENSON, KILLION AND GROVE, OCTOBER 24, 2011

  

  

REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 24, 2011  

  

  

  

AN ACT

  

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Amending the act of March 20, 2002 (P.L.154, No.13), entitled

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"An act reforming the law on medical professional liability;

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providing for patient safety and reporting; establishing the

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Patient Safety Authority and the Patient Safety Trust Fund;

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abrogating regulations; providing for medical professional

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liability informed consent, damages, expert qualifications,

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limitations of actions and medical records; establishing the

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Interbranch Commission on Venue; providing for medical

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professional liability insurance; establishing the Medical

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Care Availability and Reduction of Error Fund; providing for

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medical professional liability claims; establishing the Joint

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Underwriting Association; regulating medical professional

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liability insurance; providing for medical licensure

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regulation; providing for administration; imposing penalties;

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and making repeals," further providing for punitive damages.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 505(d) of the act of March 20, 2002

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(P.L.154, No.13), known as the Medical Care Availability and

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Reduction of Error (Mcare) Act, is amended to read:

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Section 505.  Punitive damages.

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* * *

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(d)  Total amount of damages.--The following shall apply:

 


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(1)  Except as provided under paragraph (2) and in cases

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alleging intentional misconduct, punitive damages against an

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individual physician shall not exceed 200% of the

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compensatory damages awarded. Punitive damages, when awarded,

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

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is returned by the trier of fact.

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(2)  The following shall apply:

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(i)  Except in cases alleging intentional misconduct,

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punitive damages against any of the following shall not

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exceed 200% of the compensatory damages awarded:

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(A)  A personal care home or an assisted living

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community, licensed by the Department of Public

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Welfare under the act of June 13, 1967 (P.L.31,

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No.21), known as the Public Welfare Code.

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(B)  A long-term care nursing facility, a home

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care agency, a home health care agency or a hospice

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licensed by the Department of Health under the act of

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July 19, 1979 (P.L.130, No.48), known as the Health

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Care Facilities Act.

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(C)  An officer, employee or agent of the

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entities under clauses (A) and (B), while acting in

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the course and scope of their employment.

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(ii)  Punitive damages, when awarded, shall not be

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less than $100,000 unless a lower verdict amount is

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returned by the trier of fact.

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* * *

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

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