PRINTER'S NO. 765
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
779
Session of
2021
INTRODUCED BY BIZZARRO, GALLOWAY, RYAN, McNEILL, FREEMAN,
SCHLOSSBERG AND CIRESI, MARCH 4, 2021
REFERRED TO COMMITTEE ON HEALTH, MARCH 4, 2021
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,
providing for reporting by certain licensees.
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. Reports.
(a) Required reports.--A personal care home or an assisted
living residences licensed by the Department of Human Services
under the act of June 13, 1967 (P.L.31, No.21), known as the
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Human Services Code, shall report to the department and the
department shall post on the department's publicly accessible
Internet website the following information:
(1) Findings of negligence in any civil actions that
involved the care of patients or residents.
(2) Citations for any violation of State law or local
code.
(3) If the facility is part of a business entity that
has facilities located outside of this Commonwealth, it shall
report all out-of-State violations of Federal law or
regulation as well as any state law or regulation in a state
where the business entity does business.
(4) All information concerning an officer, employee or
agent that involves arrest or prosecution for any of the
following:
(i) An offense under 18 Pa.C.S. Ch. 25 (relating to
criminal homicide).
(ii) An offense under 18 Pa.C.S. ยง 2702 (relating to
aggravated assault).
(iii) An offense under 18 Pa.C.S. Ch. 31 (relating
to sexual offenses).
(iv) A violation of the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance,
Drug, Device and Cosmetic Act.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Facility." 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
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Services Code.
Section 2. This act shall take effect in 60 days.
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