PRIOR PRINTER'S NOS. 1313, 2922 PRINTER'S NO. 3286
No. 1155 Session of 1991
INTRODUCED BY COLAFELLA, RICHARDSON, TRELLO, DALEY, NOYE, PESCI,
HALUSKA, ACOSTA, HAYDEN, JOHNSON, CIVERA, E. Z. TAYLOR,
SURRA, BISHOP, LESCOVITZ, JAMES AND S. H. SMITH,
APRIL 16, 1991
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 18, 1992
AN ACT
1 Providing for indemnification RECOVERY of the cost of legal <--
2 defense to health care providers for health care reporting
3 requirements.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Health Care
8 Providers Immunity Defense Act.
9 Section 2. Legislative findings and intent.
10 (a) Findings.--The General Assembly finds and declares as <--
11 follows:
12 (1) The General Assembly has, over the years, imposed on
13 health care providers many special duties of reporting facts
14 learned in the performance of their profession to
15 departments, agencies, boards or commissions created by or as
16 part of State government.
17 (2) In some of these instances, the General Assembly has
1 enacted immunity statutes granting immunity to health care
2 providers for complying with this statutorily imposed duty,
3 and, in other instances, no immunity has been legislatively
4 granted.
5 (3) In some instances, where no immunity statutes have
6 been enacted, absolute or qualified immunity has been granted
7 by judicial decision.
8 (4) Many of the immunity statutes have been qualified by
9 such limitations as applicability only to criminal or civil
10 cases, limitation to defamation and the requirement that
11 reports be made in good faith or without malice.
12 (5) Despite the grants of immunity, health care
13 providers have been subjected to lawsuits in the past,
14 potentially face lawsuits in the future and have been
15 responsible for the costs of defense, including the payment
16 of legal fees, even when they have been successful in defense
17 because of their immunity.
18 (6) It is unfair to require health care providers to
19 make reports of facts learned in their professional capacity
20 yet not provide for payment of the costs of legal
21 representation if they are subjected to lawsuits for making
22 these reports.
23 (b) Intent.--It is the intent of the General Assembly that <--
24 the Commonwealth indemnify health care providers when they are
25 sued for reporting requirements which are statutorily imposed
26 and to provide for the award of reasonable attorney fees to such
27 health care providers in the event of a successful defense.
28 Section 3. Definitions.
29 The following words and phrases when used in this act shall
30 have the meanings given to them in this section unless the
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1 context clearly indicates otherwise:
2 "Health care provider." A person licensed by the
3 Commonwealth to provide health care or professional medical
4 services as a physician, an osteopathic physician or surgeon, a
5 podiatrist, a dentist, AN OPTOMETRIST, a professional nurse and <--
6 an employee or agent of any of them acting in the course and
7 scope of employment.
8 "Indemnify." To restore the defendant who is the victim of a <--
9 loss because of the cost of counsel fees by payment of an amount
10 equal to such costs.
11 "Reporting requirements." Statutes enacted by the General
12 Assembly which require or permit persons to make reports
13 concerning health care to departments, agencies, boards or
14 commissions created by or as part of State government.
15 "Statutes requiring reports and granting immunity." Statutes
16 enacted by the General Assembly which both require or permit
17 persons to make reports concerning health care and grant
18 immunity for making such reports.
19 Section 4. Defense of suits.
20 When an action is brought against a health care provider for
21 an act or acts performed by a health care provider in accordance
22 with reporting requirements or statutes requiring reports and
23 granting immunity, the following shall apply: <--
24 (1) If the defendant finally and completely prevails,
25 the defendant shall be allowed a reasonable attorney fee to
26 be taxed and collected as a part of the costs of the suit.
27 (2) If the defendant makes a reasonable effort to
28 collect such costs and they have not been paid by the
29 unsuccessful plaintiff or the defendant's insurer, the
30 Commonwealth shall indemnify the prevailing defendant and all
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1 funds required for such indemnification are hereby
2 specifically appropriated from the restricted receipts
3 account of the State Board of Medicine, the restricted
4 receipts account of the State Board of Osteopathic Medicine,
5 the restricted receipts account of the State Board of
6 Podiatry and the restricted receipts account of the State
7 Board of Nursing.
8 (3) If a reasonable attorney fee is not paid by the
9 unsuccessful plaintiff, and the Commonwealth has paid such
10 fee to the prevailing defendant pursuant to this section, the
11 Commonwealth shall have a cause of action against the
12 unsuccessful plaintiff to recover its indemnity payment.
13 (4) If an indemnity payment is recovered from an
14 unsuccessful plaintiff by the Commonwealth, it shall be paid
15 into the restricted receipts account of the State Board of
16 Medicine, the restricted receipts account of the State Board
17 of Osteopathic Medicine, the restricted receipts account of
18 the State Board of Dentistry, the restricted receipts account
19 of the State Board of Podiatry or the restricted receipts
20 account of the State Board of Nursing. GRANTING IMMUNITY, IF <--
21 THE DEFENDANT FINALLY AND COMPLETELY PREVAILS, THE DEFENDANT
22 SHALL BE ALLOWED A REASONABLE ATTORNEY FEE TO BE TAXED AND
23 COLLECTED AS A PART OF THE COSTS OF THE SUIT.
24 Section 5. Effective date.
25 This act shall take effect immediately.
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