PRIOR PRINTER'S NO. 1201
PRINTER'S NO. 3808
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1037
Session of
2017
INTRODUCED BY KAMPF, GROVE, KEEFER, GODSHALL, PICKETT, KAUFFMAN,
B. MILLER, ROE, MILNE, LAWRENCE, BAKER, MUSTIO, EVERETT,
CUTLER, OBERLANDER, KNOWLES, SAYLOR, MASSER, ZIMMERMAN,
PHILLIPS-HILL, CORBIN, TURZAI, JOZWIAK, HELM, MARSICO,
MACKENZIE, ROTHMAN, WHEELAND, METCALFE, RYAN, GILLEN,
SCHEMEL, RAPP, TOBASH, WENTLING, NELSON, COX AND DUSH,
MARCH 31, 2017
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 22, 2018
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,
further providing for punitive damages.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 505(d) 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 to read:
Section 505. Punitive damages.
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(d) Total amount of damages.--
(1) Except as provided under paragraph (2) and in cases
alleging intentional misconduct, punitive damages against an
individual physician shall not exceed 200% of the
compensatory damages awarded.
(2) Except in cases where the trier of fact finds that
an officer, employee or agent of an entity under subparagraph
(i) or (ii) acted with intent to harm, punitive EXC EPT WHEN
THE TORT OCCURRED UNDER THE INFLUENCE OF ALCOHOL OR A
NONPRESCRIBED CONTROLLED SUBSTANCE OR AS SET FORTH IN
PARAGRAPH (2.1), (2.2), (2.3) OR (2.4), PUNITIVE damages
against any of the following shall not exceed 250% of the
compensatory damages awarded:
(i) A personal care home or an assisted living
residence, licensed by the Department of Human Services
under the act of June 13, 1967 (P.L.31, No.21), known as
the Human Services Code.
(ii) A long-term care nursing facility licensed by
the Department of Health under the act of July 19, 1979
(P.L.130, No.48), known as the Health Care Facilities
Act.
(iii) An officer, employee or agent of an entity
under subparagraph (i) or (ii) , while acting in the
course and scope of employment.
(2.1) PARAGRAPH (2) DOES NOT APPLY IF THE PLAINTIFF IS A
VETERAN.
(2.2) PARAGRAPH (2) DOES NOT APPLY IF THE PLAINTIFF IS
AN UNEMANCIPATED MINOR.
(2.3) PARAGRAPH (2) DOES NOT APPLY IF THE PLAINTIFF IS
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DIAGNOSED WITH POST-TRAUMATIC STRESS DISORDER.
(2.4) PARAGRAPH (2) DOES NOT APPLY IF THE PLAINTIFF HAS
AN INTELLECTUAL DISABILITY.
(3) PARAGRAPH (2) SHALL NOT APPLY IF THE TRIER OF FACT
FINDS THAT AN OFFICER, EMPLOYEE OR AGENT OF AN ENTITY UNDER
PARAGRAPH (2)(I) OR (II):
(I) ACTED WITH INTENT TO HARM;
(II) FALSIFIED MEDICAL RECORDS RELATING TO THE CAUSE
OF ACTION; OR
(III) IS CONVICTED OF OR ENTERS INTO A DIVERSIONARY
PROGRAM FOR A CRIME ARISING OUT OF THE SAME CONDUCT THAT
CAUSED THE HARM.
(3) (4) Punitive damages, when awarded, shall not be
less than $100,000 unless a lower verdict amount is returned
by the trier of fact.
(5) THREE YEARS AFTER THE EFFECTIVE DATE OF THIS
PARAGRAPH, THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE SHALL
CONDUCT A STUDY MEASURING THE IMPACT OF PARAGRAPH (2) ON THE
NUMBER OF LAWSUITS FILED AGAINST NURSING HOMES, PERSONAL CARE
HOMES AND ASSISTED LIVING RESIDENCES, INCLUDING AWARDS FROM
BOTH SETTLEMENTS AND TRIALS. THE STUDY SHALL DOCUMENT THE
TREND IN THE AWARDING OF COMPENSATORY DAMAGES AND PUNITIVE
DAMAGES AND THE PERCENTAGE OF CASES INVOLVING ALLEGED SEXUAL
ABUSE, SEXUAL ASSAULT AND RAPE, AS WELL AS THE PERCENTAGE OF
CASES INVOLVING PATIENTS WHO HAVE BEEN DIAGNOSED WITH
ALZHEIMER'S DISEASE OR DEMENTIA.
(6) A PUNITIVE DAMAGE AWARD SHALL NOT BE REDUCED AS
PROVIDED UNDER PARAGRAPHS (1) AND (2) IF THE PLAINTIFF
SUFFERED BATTERY OR SEXUAL OR PHYSICAL ABUSE.
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Section 2. This act shall take effect in 60 days.
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