PRINTER'S NO. 1103
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE RESOLUTION
No.
188
Session of
2019
INTRODUCED BY COSTA, FARNESE, LEACH, MUTH, FONTANA, TARTAGLIONE,
HUGHES, COLLETT, BLAKE AND SCHWANK, JULY 9, 2019
REFERRED TO JUDICIARY, JULY 9, 2019
A RESOLUTION
Directing the Legislative Budget and Finance Committee to
include additional topics regarding medical malpractice
actions in its study provided under Senate Resolution No. 20,
Printer's No. 155, adopted February 5, 2019.
WHEREAS, The Commonwealth faced a medical malpractice and
medical liability insurance crisis in 2002; and
WHEREAS, To address the medical malpractice crisis, the
General Assembly enacted the act of March 20, 2002 (P.L.154,
No.13), known as the Medical Care Availability and Reduction of
Error (Mcare) Act (Act 13); and
WHEREAS, At the time, Act 13 was considered to be a landmark
State law that addressed patient safety, insurance reform and
tort reform; and
WHEREAS, Act 13 established the Patient Safety Authority,
which is responsible for the following:
(1) Collecting and evaluating data submitted by medical
facilities through their Patient Safety Committees.
(2) Coordinating with the Department of Health in making
facility-specific and systemwide recommendations;
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and
WHEREAS, Act 13 provides for tort reform, including the
following provisions relating to medical malpractice actions:
(1) Changes to the collateral source rule.
(2) Requiring specific findings by juries regarding
economic and noneconomic damages.
(3) Reducing verdicts to present value.
(4) Requiring certain periodic payments.
(5) Requiring expert witnesses to be licensed in the
same medical field or specialty;
and
WHEREAS, Act 13 includes the following insurance reforms:
(1) Reducing the amount of liability insurance carried
by health care professionals from $1.2 million to $1 million.
(2) Requiring the Insurance Commissioner to make annual
evaluations concerning the strength of the private insurance
market in an effort to eliminate the Mcare Fund and
assessment.
(3) Providing for annual transfers from the Catastrophic
Loss Benefits Continuation Fund to the Mcare Fund to
subsidize premiums for high-risk specialists;
and
WHEREAS, The Pennsylvania Supreme Court implemented the
following changes to rules relating to medical malpractice
actions requiring the following:
(1) Venue rule changes requiring an action to be filed
in the county where the cause of action arose.
(2) Certificates of merit with a statement by a licensed
professional that the action was a breach of a professional
standard of care;
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and
WHEREAS, All of these actions have contributed to the steady
reduction in medical malpractice filings, verdicts and awards
across this Commonwealth as evidenced by a reduction in the
Statewide average of filings of medical malpractice actions by
47% between the average in the years 2000 through 2003 and 2017;
and
WHEREAS, Recent data collected by the Pennsylvania Supreme
Court noted the continued reduction in filings of medical
malpractice actions in 2018; and
WHEREAS, Based on the comprehensive reforms implemented since
2002, the medical malpractice crisis that existed in this
Commonwealth has abated; and
WHEREAS, It is important to determine the extent to which the
comprehensive reforms implemented more than 15 years ago have
alleviated this Commonwealth's medical malpractice crisis; and
WHEREAS, On February 5, 2019, the Senate adopted Senate
Resolution 20, Printer's No. 155 that called for a study by the
Legislative Budget Finance Committee regarding the impact of a
proposed change to Pennsylvania Rules of Civil Procedure
governing venue of medical malpractice actions; and
WHEREAS, It is important that the Legislative Budget and
Finance Committee add several elements to the study regarding
medical malpractice actions and the impact on health care
availability and the professional liability insurance
marketplace; therefore be it
RESOLVED, That the Senate direct the Legislative Budget and
Finance Committee to include additional topics regarding medical
malpractice actions in its study provided under Senate
Resolution No. 20, Printer's No. 155, adopted February 5, 2019;
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and be it further
RESOLVED, That the additional topics in the study include an
assessment of the impact of the following on medical malpractice
actions:
(1) The Patient Safety Authority and patient safety
protocols established under Act 13.
(2) The insurance reforms under Act 13.
(3) Changes to the collateral source rule.
(4) Requiring juries to make specific findings regarding
economic and noneconomic damages.
(5) Reducing verdicts to present value and requiring
certain periodic payments.
(6) Requiring expert witnesses to be licensed in the
same medical field or specialty.
(7) Venue rule changes requiring that actions be filed
in the county where cause of action arose.
(8) Certificates of merit requiring a statement by a
licensed professional that the action was a breach of a
professional standard of care;
and be it further
RESOLVED, That the study include a history of claims made to,
and payouts made by, the Pennsylvania Professional Liability
Joint Underwriting Association from 2003 through present day;
and be it further
RESOLVED, That the study include a history of claims made to,
and payouts made by, the Mcare Fund from 2003 through present
day; and be it further
RESOLVED, That the Legislative Budget and Finance Committee
hold at least one public hearing prior to preparing a report on
the study and accept testimony from affected parties, including,
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but not limited to, representatives of the health care industry,
the insurance industry and the legal community; and be it
further
RESOLVED, That the Legislative Budget and Finance Committee
report its findings to the General Assembly no later than
January 1, 2020; and be it further
RESOLVED, That the Secretary of the Senate transmit duly
certified copies of this resolution to the Justices of the
Pennsylvania Supreme Court and the members of the Civil
Procedural Rules Committee.
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