Regular Session 2019-2020 Senate Resolution 0020 P.N. 0155

PRINTER'S NO. 155

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE RESOLUTION

No.

Session of

2019

INTRODUCED BY BAKER, SCARNATI, CORMAN, LANGERHOLC, HUTCHINSON,

MENSCH, J. WARD, REGAN, YAW, MARTIN, BARTOLOTTA, ALLOWAY,

DiSANTO, FOLMER, WHITE, LAUGHLIN, BROOKS, AUMENT AND KILLION,

FEBRUARY 1, 2019

REFERRED TO JUDICIARY, FEBRUARY 1, 2019

A RESOLUTION

Directing the Legislative Budget and Finance Committee to

conduct a study of the impact of venue for medical

professional liability actions on access to medical care and

maintenance of health care systems in this Commonwealth and

requesting that the Pennsylvania Supreme Court delay action

on the proposed amendment to Pa.R.C.P. No. 1006.

WHEREAS, The Commonwealth faced a medical malpractice crisis

in 2002; and

WHEREAS, The Project on Medical Liability in Pennsylvania

{project}, funded by The Pew Charitable Trusts, reported in 2003

that Philadelphia County and Allegheny County ranked high in

malpractice filings per population among 45 large counties

across the United States as surveyed by Federal officials in

1992 and 1996; and

WHEREAS, The rate in Allegheny County, which includes the

City of Pittsburgh, was more than 50% above the national median;

and

WHEREAS, The rate in Philadelphia County, which includes the

City of Philadelphia, was more than double the national median;

and

WHEREAS, Payouts in Pennsylvania were higher than in any

neighboring state; and

WHEREAS, Payouts in Pennsylvania were nearly one-third above

the national average; and

WHEREAS, In contrast, payouts in California were more than

one-third below the national average; and

WHEREAS, The rising cost of legal claims was the greatest

component affecting affordability of liability coverage; and

WHEREAS, The project further reported that Pennsylvania

exceeded the national average for legal costs because of high

claims rates and payouts; and

WHEREAS, Plaintiffs were twice as likely to win jury trials

in the City of Philadelphia as in the rest of the country, and a

substantial percentage of cases there resulted in verdicts

greater than $1 million; and

WHEREAS, A 2003 Pennsylvania Medical Society report on the

Pennsylvania medical liability crisis found that practitioners

were leaving the State or retiring early due to availability and

affordability issues when obtaining medical liability coverage;

and

WHEREAS, The report further stated that new practitioners

were choosing to practice elsewhere when faced with the same

conditions; and

WHEREAS, Pennsylvania was on a precipice of adverse events in

patient care as physicians scaled back their practices to

exclude obstetric deliveries and surgeries and as the number of

specialists in general surgery, neurosurgery, orthopedic surgery

and obstetrics decreased; and

WHEREAS, To address the medical malpractice crisis, the

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General Assembly passed Act 13 of 2002, known as the Medical

Care Availability and Reduction of Error (Mcare) Act {Act 13};

and

WHEREAS, Section 102 of Act 13 sets forth the following:

The General Assembly finds and declares as follows:

(1) It is the purpose of this act to ensure that medical

care is available in this Commonwealth through a

comprehensive and high-quality health care system.

(2) Access to a full spectrum of hospital services and

to highly trained physicians in all specialties must be

available across this Commonwealth.

(3) To maintain this system, medical professional

liability insurance has to be obtainable at an affordable and

reasonable cost in every geographic region of this

Commonwealth.

(4) A person who has sustained injury or death as a

result of medical negligence by a health care provider must

be afforded a prompt determination and fair compensation.

(5) Every effort must be made to reduce and eliminate

medical errors by identifying problems and implementing

solutions that promote patient safety.

(6) Recognition and furtherance of all of these elements

is essential to the public health, safety and welfare of all

the citizens of Pennsylvania;

and

WHEREAS, Section 514(a) of Act 13 sets forth the following:

(a) Declaration of policy.--The General Assembly further

recognizes that recent changes in the health care delivery

system have necessitated a revamping of the corporate structure

for various medical facilities and hospitals across this

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Commonwealth. This has unduly expanded the reach and scope of

existing venue rules. Training of new physicians in many

geographic regions has also been severely restricted by the

resultant expansion of venue applicability rules. These

physicians and health care institutions are essential to

maintaining the high quality of health care that our citizens

have come to expect;

and

WHEREAS, Section 514(b) of Act 13 established the Interbranch

Commission on Venue {Commission} for actions relating to medical

professional liability; and

WHEREAS, Under Act 13, the Commission consists of

representatives of the executive, judicial and legislative

branches of State government; and

WHEREAS, Act 13 charged the Commission with reviewing and

analyzing the issue of venue as it relates to medical

professional liability actions filed in this Commonwealth; and

WHEREAS, Act 13 further charged the Commission with reporting

its findings and recommendations for legislative action or

promulgation of court rules on venue to the General Assembly and

the Pennsylvania Supreme Court; and

WHEREAS, The Commission issued its report on August 8, 2002;

and

WHEREAS, A majority of Commission members recommended "that

venue be limited in medical professional liability actions to a

county where a cause of action arose or where a transaction or

occurrence took place out of which a cause of action arose";

and

WHEREAS, The General Assembly, in keeping with the

Commission's report, passed Act 127 of 2002 {Act 127}; and

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WHEREAS, Act 127 provided that, as a matter of public policy,

there existed a need to change venue requirements for medical

professional liability actions; and

WHEREAS, Act 127 added 42 Pa.C.S. § 5101.1, providing in

part:

(b) General rule.--Notwithstanding any other provision to

the contrary, a medical professional liability action may be

brought against a health care provider for a medical

professional liability claim only in the county in which the

cause of action arose;

and

WHEREAS, On January 27, 2003, the Pennsylvania Supreme Court

modified Pa.R.C.P. No. 1006, relating to venue, by adding the

following subdivision:

(a.1) Except as otherwise provided by subdivision (c), a

medical professional liability action may be brought against a

health care provider for a medical professional liability claim

only in a county in which the cause of action arose. This

provision does not apply to a cause of action that arises

outside the Commonwealth;

and

WHEREAS, Changes governing venue in medical professional

liability actions have been in place, largely without further

modification, for more than 15 years; and

WHEREAS, The medical malpractice crisis which existed in

Pennsylvania in 2002 has abated; and

WHEREAS, On December 22, 2018, the Civil Procedural Rules

Committee published notice in the Pennsylvania Bulletin that it

intends to propose to the Pennsylvania Supreme Court a change to

Pa.R.C.P. No. 1006 eliminating the provision for venue in

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medical malpractice liability actions as that provision "no

longer appears warranted"; and

WHEREAS, The Senate notes that it is important to determine

the extent to which venue provisions adopted more than 15 years

ago have alleviated Pennsylvania's medical malpractice crisis;

and

WHEREAS, The Senate further notes that it is important to

determine the effects of rescinding the venue provisions;

therefore be it

RESOLVED, That the Senate direct the Legislative Budget and

Finance Committee to conduct a study of the impact of venue for

medical professional liability actions on access to medical care

and maintenance of health care systems in this Commonwealth; and

be it further

RESOLVED, That the study include an assessment the effects of

the 2003 changes governing venue in medical professional

liability actions on the following:

(1) availability of medical care in this Commonwealth;

(2) availability of, and access to, a full spectrum of

hospital services and highly trained physicians in all

specialties across this Commonwealth;

(3) availability, cost and affordability of medical

professional liability insurance in every geographic region

of this Commonwealth;

(4) prompt determination of, and fair compensation for,

injuries and death resulting from medical negligence by

health care providers in Pennsylvania;

and be it further

RESOLVED, That the study include an assessment of the likely

impact of the Civil Procedural Rules Committee proposed

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amendment to Pa.R.C.P. No. 1006 on the matters enumerated above;

and be it further

RESOLVED, That the study include a history of claims made to,

and payouts made by, the Pennsylvania Professional Liability

Joint Underwriting Association from 2003 through the present;

and be it further

RESOLVED, That the Legislative Budget and Finance Committee

hold at least one public hearing prior to preparing its report

and accept testimony from affected parties, including, but not

limited to, representatives of the health care industry, the

insurance industry and the legal community; and be it further

RESOLVED, That the Legislative Budget and Finance Committee

report its findings to the General Assembly no later than

January 1, 2020; and be it further

RESOLVED, That the Senate request that the Pennsylvania

Supreme Court delay action on the proposed amendment to

Pa.R.C.P. No. 1006 until the Legislative Budget and Finance

Committee submits its report to the General Assembly; and be it

further

RESOLVED, That the Secretary of the Senate transmit duly

certified copies of this resolution to the Justices of the

Pennsylvania Supreme Court and the members of the Civil

Procedural Rules Committee.

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