PRINTER'S NO. 865
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
720
Session of
2019
INTRODUCED BY SCARNATI, JUNE 4, 2019
REFERRED TO BANKING AND INSURANCE, JUNE 4, 2019
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 insurance, further providing for
joint underwriting association.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 731 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 by adding subsections
to read:
Section 731. Joint underwriting association.
* * *
(d) Reports and hearings.--The following shall apply:
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(1) The joint underwriting association shall submit
written estimates to the Secretary of the Budget as specified
under section 615 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929.
(2) Within 30 days of a submission of a report under
paragraph (1), an agent of the joint underwriting association
shall appear at a public hearing of the Banking and Insurance
Committee of the Senate and the Insurance Committee of the
House of Representatives to testify about the contents of the
report.
(3) The joint underwriting association shall annually
appear before the Appropriations Committee of the Senate and
the Appropriations Committee of the House of Representatives
to testify as to the fiscal status of the joint underwriting
association and make any requests for appropriations.
(e) Board meetings.--The board of directors of the joint
underwriting association shall hold quarterly public meetings,
subject to the requirements under 65 Pa.C.S. Ch. 7 (relating to
open meetings), to discuss the actuarial and fiscal status of
the joint underwriting association.
(f) Publicly accessible information.--The joint underwriting
association shall do all of the following:
(1) Submit a list of all employees of the joint
underwriting association as specified under section 614 of
The Administrative Code of 1929.
(2) Submit personnel information in accordance with the
act of June 30, 2011 (P.L.81, No.18), known as the
Pennsylvania Web Accountability and Transparency (PennWATCH)
Act.
(3) Comply with the act of February 14, 2008 (P.L.6,
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No.3), known as the Right-to-Know Law.
(g) Procurement.--The joint underwriting association shall
comply with 62 Pa.C.S. Pt. I (relating to Commonwealth
Procurement Code).
(h) Commonwealth Attorneys Act.--The joint underwriting
association shall comply with the act of October 15, 1980
(P.L.950, No.164), known as the Commonwealth Attorneys Act.
(i) Offices.--The joint underwriting association shall
conduct its operations in State-owned facilities.
(j) Appropriations.--The joint underwriting association
shall be funded through appropriations determined by the General
Assembly.
(k) Access to Federal tax information.--The joint
underwriting association shall coordinate with the Department of
Revenue to ensure that any employee of the joint underwriting
association with access to Federal tax information has met all
the requirements of the prerequisites of the Department of
Revenue to gain access to that information.
Section 2. This act shall take effect in 60 days.
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