1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, in rules of evidence,
3providing for benevolent gesture or admission by health care
4provider or assisted living residence or personal care home.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1.  Title 42 of the Pennsylvania Consolidated
8Statutes is amended by adding a section to read:

9§ 6145.  Benevolent gesture or admission by health care provider
10or assisted living residence or personal care home.

11(a)  Admissibility.--In any liability action, any benevolent
12gesture or admission of fault made prior to the commencement of
13a medical professional liability action by:

14(1)  a health care provider or an officer, employee or
15agent thereof to a patient or resident or the patient's or
16resident's relative or representative regarding the patient's
17or resident's discomfort, pain, suffering, injury or death,

1regardless of the cause, including, but not limited to, the
2unanticipated outcome of any treatment, consultation, care or
3service or omission of treatment, consultation, care or
4service provided by the health care provider, assisted living
5residence or personal care home, its employees, agents or
6contractors, prior to the commencement of a medical
7professional liability action, liability action or mediation
8shall be inadmissible as evidence of liability or as evidence
9of an admission against interest; or

10(2)  an assisted living residence or personal care home
11or an officer, employee or agent thereof, to a patient or
12resident or the patient's or resident's relative or
13representative regarding the patient's or resident's
14discomfort, pain, suffering, injury or death, regardless of
15the cause, including, but not limited to, the unanticipated
16outcome of any treatment, consultation, care or service or
17omission of treatment, consultation, care or service provided
18by the health care provider, assisted living residence or
19personal care home, its employees, agents or contractors,
20prior to the commencement of a medical professional liability
21action, liability action or mediation shall be inadmissible
22as evidence of liability or as evidence of an admission
23against interest.

24(b)  Definitions.--As used in this section, the following
25words and phrases shall have the meanings given to them in this
26subsection:

27"Assisted living residence."  As defined under section 1001
28of the act of June 13, 1967 (P.L.31, No.21), known as the Public
29Welfare Code.

30"Benevolent gesture."  Any and all action, conduct, statement

1or gesture that conveys a sense of apology, condolence,
2explanation, compassion or commiseration emanating from humane
3impulses.

4"Health care provider."  As defined under section 103 of the
5act of March 20, 2002 (P.L.154, No.13), known as the Medical
6Care Availability and Reduction of Error (Mcare) Act.

7"Medical professional liability action."  As defined under
8section 103 of the act of March 20, 2002 (P.L.154, No.13), known
9as the Medical Care Availability and Reduction of Error (Mcare)
10Act.

11"Personal care home."  As defined under section 1001 of the
12act of June 13, 1967 (P.L.31, No.21), known as the Public
13Welfare Code.

14"Relative."  A patient's spouse, parent, stepparent,
15grandparent, child, stepchild, grandchild, brother, sister,
16half-brother, half-sister, spouse's parents or any person who
17has a family-type relationship with a patient.

18"Representative."  A legal guardian, attorney, an agent
19designated to make medical decisions under a power of attorney
20over health care matters or a health care representative who is
21authorized to make health care decisions for a principal under
22applicable law or a surrogate designated in an advance directive
23for health care or any person recognized in law or custom as a
24patient's agent.

25"Unanticipated outcome."  An outcome of a medical treatment
26or procedure, care or service that differs from the expected or
27anticipated result.

28Section 2.  This act shall take effect in 60 days.