PRINTER'S NO. 90
No. 96 Session of 2005
INTRODUCED BY GEORGE, SATHER, DeWEESE, VEON, BARRAR, BEBKO-
JONES, CALTAGIRONE, CORRIGAN, CURRY, EACHUS, FABRIZIO,
FREEMAN, GRUCELA, HALUSKA, W. KELLER, LaGROTTA, LEDERER,
McGEEHAN, MELIO, RUFFING, SCAVELLO, SHANER, SOLOBAY, SURRA,
TANGRETTI, TIGUE, WALKO, WANSACZ AND WASHINGTON,
JANUARY 25, 2005
REFERRED TO COMMITTEE ON INSURANCE, JANUARY 25, 2005
AN ACT
1 Amending the act of March 20, 2002 (P.L.154, No.13), entitled
2 "An act reforming the law on medical professional liability;
3 providing for patient safety and reporting; establishing the
4 Patient Safety Authority and the Patient Safety Trust Fund;
5 abrogating regulations; providing for medical professional
6 liability informed consent, damages, expert qualifications,
7 limitations of actions and medical records; establishing the
8 Interbranch Commission on Venue; providing for medical
9 professional liability insurance; establishing the Medical
10 Care Availability and Reduction of Error Fund; providing for
11 medical professional liability claims; establishing the Joint
12 Underwriting Association; regulating medical professional
13 liability insurance; providing for medical licensure
14 regulation; providing for administration; imposing penalties;
15 and making repeals," further providing for powers and duties
16 of the Patient Safety Authority and for reporting and
17 notification.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 304(a) of the act of March 20, 2002
21 (P.L.154, No.13), known as the Medical Care Availability and
22 Reduction of Error (Mcare) Act, is amended by adding a paragraph
23 to read:
1 Section 304. Powers and duties.
2 (a) General rule.--The authority shall do all of the
3 following:
4 * * *
5 (9) Insure that within 12 months of the effective date
6 of this paragraph, every Commonwealth licensing agency that
7 licenses, permits, certifies or registers health care
8 practitioners within this Commonwealth notifies the health
9 care practitioners of the Statewide confidential, toll-free
10 telephone line and the whistleblower protection provided
11 through this act through already scheduled newsletters,
12 annual notices and other mailings.
13 * * *
14 Section 2. Section 308 of the act is amended to read:
15 Section 308. Reporting and notification.
16 (a) Reporting.--
17 (1) A health care worker who reasonably believes that a
18 serious event or incident has occurred shall report the
19 serious event or incident according to the patient safety
20 plan of the medical facility unless the health care worker
21 knows that a report has already been made. The report shall
22 be made immediately or as soon thereafter as reasonably
23 practicable, but in no event later than 24 hours after the
24 occurrence or discovery of a serious event or incident.
25 (2) A health care worker who reasonably and in good
26 faith believes that there exists a potential threat to
27 patient safety or the safety or quality of care within the
28 medical facility or in the delivery of health care services
29 may report the potential threat according to the patient
30 safety plan of the medical facility to the worker's employer
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1 and to the appropriate government agencies.
2 (3) The authority shall establish and maintain a
3 confidential, toll-free hotline for reports of medical errors
4 or problems with the quality of patient care provided by a
5 health care facility.
6 (b) Duty to notify patient.--A medical facility through an
7 appropriate designee shall provide written notification to a
8 patient affected by a serious event or, with the consent of the
9 patient, to an available family member or designee within seven
10 days of the occurrence or discovery of a serious event. If the
11 patient is unable to give consent, the notification shall be
12 given to an adult member of the immediate family. If an adult
13 member of the immediate family cannot be identified or located,
14 notification shall be given to the closest adult family member.
15 For unemancipated patients who are under 18 years of age, the
16 parent or guardian shall be notified in accordance with this
17 subsection. The notification requirements of this subsection
18 shall not be subject to the provisions of section 311(a).
19 Notification under this subsection shall not constitute an
20 acknowledgment or admission of liability.
21 (c) Liability.--A health care worker who reasonably and in
22 good faith reports the occurrence of a serious event or incident
23 or potential threat to patient safety or the safety or quality
24 of care within the medical facility or in the delivery of health
25 care services in accordance with subsection (a) or (b) shall not
26 be subject to any retaliatory action for reporting the serious
27 event or incident or potential threat to patient safety or the
28 safety or quality of care within the medical facility or in the
29 delivery of health care services and shall have the protections
30 and remedies set forth in the act of December 12, 1986
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1 (P.L.1559, No.169), known as the Whistleblower Law.
2 (d) Limitation.--
3 (1) Nothing in this section shall limit a medical
4 facility's ability to take appropriate disciplinary action
5 against a health care worker for failure to meet defined
6 performance expectations or to take corrective action against
7 a licensee for unprofessional conduct, including making false
8 reports or failure to report serious events under this
9 chapter.
10 (2) Any provision of a contract entered into with a
11 health care worker that limits the worker's ability to make
12 reports in good faith as described in subsection (a) or (b)
13 or threaten any type of penalty for reporting in good faith
14 as described in subsection (a) or (b) is against public
15 policy and shall be considered void.
16 Section 3. This act shall take effect in 60 days.
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