PRIOR PRINTER'S NOS. 2609, 2921
PRINTER'S NO. 2960
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY GRELL, BAKER, BENNINGHOFF, BOYD, CUTLER, ELLIS, EVERETT, GINGRICH, GODSHALL, HICKERNELL, KAUFFMAN, PICKETT, REED, SIMMONS, TALLMAN, CLYMER, VULAKOVICH, STEVENSON, KILLION, GROVE, MILNE, PERRY, SONNEY, MOUL, MILLER AND M. K. KELLER, OCTOBER 24, 2011
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JANUARY 17, 2012
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 providing for punitive damages.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 505(d) 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 505. Punitive damages.
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(d) Total amount of damages.--The following shall apply:
(1) Except as provided under paragraph (2) and in cases
alleging intentional misconduct, punitive damages against an
individual physician 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.
(2) The following shall apply:
(i) Except in cases alleging intentional misconduct
or when the facility engaged in an unlawful practice,
punitive damages against any of the following shall not
exceed 200% of the compensatory damages awarded:
(A) A personal care home or an assisted living
community, licensed by the Department of Public
Welfare under the act of June 13, 1967 (P.L.31,
No.21), known as the Public Welfare Code.
(B) A long-term care nursing facility licensed
by the Department of Health under the act of July 19,
1979 (P.L.130, No.48), known as the Health Care
(C) An officer, employee or agent of the
entities under clauses (A) and (B), while acting in
the course and scope of their employment.
(ii) Punitive damages, when awarded, shall not be
less than $100,000 unless a lower verdict amount is
returned by the trier of fact.
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Section 2. This act shall take effect in 60 days.