PRINTER'S NO. 1251
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1004
Session of
2019
INTRODUCED BY A. DAVIS, SCHLOSSBERG, HILL-EVANS, KORTZ, LEE,
KINSEY, YOUNGBLOOD, FRANKEL, HARRIS, FREEMAN, DeLUCA,
McCLINTON AND MARKOSEK, APRIL 8, 2019
REFERRED TO COMMITTEE ON HEALTH, APRIL 8, 2019
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 patient safety, further providing for
definitions, for powers and duties of Patient Safety
Authority, for patient safety committee and for
confidentiality and compliance.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "medical facility" in section
302 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 and the section is amended by adding a definition to
read:
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Section 302. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Long-term care nursing facility." An entity defined as a
long-term care nursing facility under section 802.1 of the act
of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act.
"Medical facility." An ambulatory surgical facility, birth
center, hospital, long-term care nursing facility or abortion
facility.
* * *
Section 2. Sections 304(c)(2), 310(a)(1) and 311(h) of the
act are amended to read:
Section 304. Powers and duties.
* * *
(c) Annual report to General Assembly.--
* * *
(2) The report shall be distributed to the Secretary of
Health, the chair and minority chair of the [Public Health
and Welfare Committee] Health and Human Services Committee of
the Senate and the chair and minority chair of the Health
Committee and the chair and minority chair of the Human
Services Committee of the House of Representatives.
* * *
Section 310. Patient safety committee.
(a) Composition.--
(1) A long-term care nursing facility's or a hospital's
patient safety committee shall be composed of the medical
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facility's patient safety officer and at least three health
care workers of the medical facility and two residents of the
community served by the medical facility who are not agents,
employees or contractors of the medical facility. No more
than one member of the patient safety committee shall be a
member of the medical facility's board of trustees. The
committee shall include members of the medical facility's
medical and nursing staff. The committee shall meet at least
monthly.
* * *
Section 311. Confidentiality and compliance.
* * *
(h) Right-to-know requests.--Any documents, materials or
information made confidential by subsection (a) shall not be
subject to requests under the act of [June 21, 1957 (P.L.390,
No.212), referred to as the Right-to-Know Law] February 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law.
* * *
Section 3. This act shall take effect in 60 days.
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