PRINTER'S NO. 1456
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1064
Session of
2015
INTRODUCED BY EVANKOVICH, CUTLER, SACCONE, SIMMONS, MACKENZIE,
TALLMAN, MURT, GROVE, PICKETT, GREINER, MILLARD, BOBACK,
KOTIK, PEIFER, GINGRICH, EVERETT, GODSHALL, TOEPEL, GABLER,
READSHAW, FARRY, BLOOM, D. COSTA, HICKERNELL, SAYLOR,
MENTZER, KILLION, REGAN, TURZAI, MOUL, O'BRIEN, WATSON,
ZIMMERMAN, GRELL, MILNE AND GILLEN, MAY 6, 2015
REFERRED TO COMMITTEE ON INSURANCE, MAY 6, 2015
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 medical professional liability,
providing for emergency care.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. 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 section to read:
Section 517. Emergency care.
(a) Qualified immunity.--In a medical professional liability
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action arising out of the provision of emergency health care, no
physician or other health care provider may be held liable for
any act or failure to act unless it is proven by clear and
convincing evidence that the physician or health care provider's
actions or omissions were grossly negligent.
(b) Mitigating circumstances.--In a medical professional
liability action arising out of the provision of emergency
health care, the trier of the fact shall consider, together with
all other relevant matters:
(1) Whether the person providing the care had the
patient's pertinent medical history, either from medical
records or from a reliable person, including information as
to preexisting medical conditions, allergies and medications
being taken.
(2) The preexistence of a physician-patient relationship
or health care provider-patient relationship.
(3) The circumstances constituting the need for
emergency health care.
(4) The circumstances surrounding the delivery of the
emergency health care, including, if relevant, factors such
as where the care was provided, the demands on the emergency
department at the time and the promptness with which it was
necessary to make medical decisions and to order and provide
care.
(c) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Emergency health care." As follows:
(1) Health care services that are provided to an
individual:
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(i) after the onset of a medical or traumatic
condition manifesting itself by acute symptoms of
sufficient severity, including severe pain, such that the
absence of immediate medical attention could reasonably
be expected to result in placing the individual's health
in serious jeopardy, serious impairment of bodily
functions or serious dysfunction of any bodily organ or
part; or
(ii) pursuant to a mandate under Federal or State
law, including the Emergency Medical Treatment and Labor
Act (Public Law 99-272, 100 Stat. 164).
(2) The term includes:
(i) The described care in all settings, including
prehospital emergency care by a medical command
physician, emergency care in a hospital emergency
department or obstetrical unit or emergency care in a
surgical suite immediately following the evaluation or
treatment of a patient in a hospital emergency
department.
(ii) All care or treatment, regardless of setting,
until an individual is stabilized.
(3) The term does not include care or treatment that
occurs after a patient is stabilized and is capable of
receiving medical treatment as a nonemergency patient or care
that is unrelated to the original emergency or mandate.
"Emergency health care provider." A health care provider
providing emergency medical care, including physicians in all
specialties.
"Health care service." An act or treatment that is performed
or furnished, or that should have been performed or furnished,
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by a health care provider for, to or on behalf of a patient
during a patient's medical care, treatment or confinement. The
term includes the direction to perform, not perform, furnish or
not furnish a health care service.
"Stabilized." Based on the clinical judgment of the medical
professional assessing the patient for an emergency health care
condition as described in paragraph (1) of the definition of
"emergency health care," to provide such medical treatment of
the condition as may be necessary to assure, within reasonable
medical probability, that no material deterioration of the
condition is likely to result from or occur during transfer from
a facility or discharge from the facility.
Section 2. The addition of section 517 of the act shall
apply to all medical professional liability actions arising on
or after the effective date of this section.
Section 3. This act shall take effect in 60 days.
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