PRINTER'S NO. 1719
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1366
Session of
2017
INTRODUCED BY EVANKOVICH, MACKENZIE, HELM, WARD, MILLARD, MILNE,
BERNSTINE, KAUFFMAN, GREINER, RAPP, CUTLER, IRVIN, SAYLOR,
GERGELY AND GILLEN, MAY 11, 2017
REFERRED TO COMMITTEE ON INSURANCE, MAY 11, 2017
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 emergency care.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. 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 a section to read:
Section 517. Emergency care.
(a) Qualified immunity.--In a medical professional liability
action arising out of the provision of emergency health care
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under circumstances in which the health care provider did not
have, and could not reasonably obtain at the time the care was
rendered, the patient's pertinent medical history, no health
care provider may be held liable for an act or omission unless
it is proven by clear and convincing evidence that the health
care provider was grossly negligent.
(b) Limitation.--The qualified immunity provided in
subsection (a) applies solely to emergency health care provided
within an emergency department, including care provided in a
medical emergency vehicle under the direction of a medical
command physician, and to continuing emergency health care
provided in any other department within the facility until the
patient is stabilized.
(c) Relevant factors.--The trier of fact shall consider,
together with all other relevant matters:
(1) The circumstances constituting the need for
emergency health care.
(2) The circumstances surrounding the delivery of the
emergency health care, including, if relevant, factors
including where the care was provided, the demands on the
emergency department at the time and the promptness with
which it was necessary to make medical decisions and to order
and provide care.
(3) Whether there was a preexisting health care
provider-patient relationship.
(d) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Emergency health care." All health care services provided
to a patient after the onset , and until the patient is
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stabilized, of a medical or traumatic condition manifesting
itself by acute symptoms of sufficient severity, including
severe pain, such that the absence of immediate medical
attention could reasonably be expected to result in placing the
individual's health in serious jeopardy, impairment of bodily
functions or dysfunction of a bodily organ or part .
"Health care service." An act or treatment that is performed
or furnished, or that should have been performed or furnished,
by a health care provider for, to or on behalf of a patient
during a patient's medical care or treatment. The term includes
the direction to perform, not perform, furnish or not furnish a
health care service.
"Stabilized." In reference to an emergency medical
condition, that no material deterioration of the emergency
medical condition is likely, within reasonable medical
probability, to result from or occur during a transfer of the
patient to another department within the facility, transfer to
another facility or discharge from the facility.
Section 2. The addition of section 517 of the act shall
apply to all medical professional liability actions arising on
or after the effective date of this section.
Section 3. This act shall take effect in 60 days.
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