Regular Session 2015-2016 House Bill 1064 P.N. 3366

PRIOR PRINTER'S NO. 1456

PRINTER'S NO. 3366

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,

PEIFER, GINGRICH, EVERETT, GODSHALL, TOEPEL, GABLER, FARRY,

BLOOM, HICKERNELL, SAYLOR, MENTZER, KILLION, REGAN, TURZAI,

MOUL, WATSON, ZIMMERMAN, GRELL, MILNE, GILLEN AND QUINN,

MAY 6, 2015

AS REPORTED FROM COMMITTEE ON INSURANCE, HOUSE OF

REPRESENTATIVES, AS AMENDED, MAY 17, 2016

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

action arising out of the provision of emergency health care,

UNDER CIRCUMSTANCES IN WHICH THE HEALTH CARE PROVIDER DID NOT

HAVE, AND COULD NOT REASONABLY OBTAIN AT THE TIME THE CARE WAS

RENDERED, THE PATIENT'S PERTINENT MEDICAL HISTORY, no physician

or other health care provider may be held liable for any act or

failure to act OMISSION unless it is proven by clear and

convincing evidence that the physician or health care provider's

actions or omissions were HEALTH CARE PROVIDER WAS 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.

(B) LIMITATION.--THE QUALIFIED IMMUNITY PROVIDED IN

SUBSECTION (A) APPLIES SOLELY TO EMERGENCY HEALTH CARE PROVIDED

WITHIN AN EMERGENCY DEPARTMENT, INCLUDING CARE PROVIDED IN A

MEDICAL EMERGENCY VEHICLE UNDER THE DIRECTION OF A MEDICAL

COMMAND PHYSICIAN, AND TO CONTINUING EMERGENCY HEALTH CARE

PROVIDED IN ANY OTHER DEPARTMENT WITHIN THE FACILITY UNTIL THE

PATIENT IS STABILIZED.

TOGETHER WITH ALL OTHER RELEVANT MATTERS:

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(3) (1) The circumstances constituting the need for

emergency health care.

(4) (2) 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.

(3) WHETHER THERE WAS A PREEXISTING HEALTH CARE

PROVIDER-PATIENT RELATIONSHIP.

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:

(i) ALL HEALTH CARE SERVICES PROVIDED TO A PATIENT

after the onset , AND UNTIL SUCH TIME AS THE PATIENT IS

STABILIZED, 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

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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,

by a health care provider for, to or on behalf of a patient

during a patient's medical care , OR 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.

"STABILIZED." IN REFERENCE TO AN EMERGENCY MEDICAL

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CONDITION, THAT NO MATERIAL DETERIORATION OF THE EMERGENCY

MEDICAL CONDITION IS LIKELY, WITHIN REASONABLE MEDICAL

PROBABILITY, TO RESULT FROM OR OCCUR DURING A TRANSFER OF THE

PATIENT TO ANOTHER DEPARTMENT WITHIN THE FACILITY, TRANSFER TO

ANOTHER 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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