PRINTER'S NO. 2363
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2056
Session of
2021
INTRODUCED BY DeLUCA, KINSEY, McNEILL, HOWARD, McCLINTON, KULIK
AND HARKINS, NOVEMBER 5, 2021
REFERRED TO COMMITTEE ON HEALTH, NOVEMBER 5, 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 patient safety, further providing for
powers and duties, for patient safety plans, for reporting
and notification and for medical facility reports and
notifications.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 304(b) and 307(b)(3) of the act of March
20, 2002 (P.L.154, No.13), known as the Medical Care
Availability and Reduction of Error (Mcare) Act, are amended to
read:
Section 304. Powers and duties.
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(b) Anonymous reports to the authority.--A health care
worker who has complied with section 308(a) may file an
anonymous report regarding a serious event with the authority. A
health care worker providing or assisting with surgical services
may file an anonymous report regarding a serious event or
incident directly with the authority. Upon receipt of the
report, the authority shall give notice to the affected medical
facility that a report has been filed. The authority shall
conduct its own review of the report unless the medical facility
has already commenced an investigation of the serious event. The
medical facility shall provide the authority with the results of
its investigation no later than 30 days after receiving notice
pursuant to this subsection. If the authority is dissatisfied
with the adequacy of the investigation conducted by the medical
facility, the authority shall perform its own review of the
serious event and may refer a medical facility and any involved
licensee to the department for failure to report pursuant to
section 313(e) and (f).
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Section 307. Patient safety plans.
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(b) Requirements.--A patient safety plan shall:
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(3) Establish a system for the health care workers of a
medical facility to anonymously report serious events and
incidents which shall be accessible 24 hours a day, seven
days a week.
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Section 2. Sections 308 and 313 of the act are amended by
adding subsections to read:
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Section 308. Reporting and notification.
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(a.1) Surgical services.--A health care worker providing or
assisting with surgical services shall report a serious event or
incident that occurs during the provision of surgical services
immediately or as soon thereafter as reasonably practicable, but
in no event later than 24 hours after the occurrence or
discovery of the serious event or incident. The following apply:
(1) The health care worker may make a report required
under this section directly to the authority or according to
the patient safety plan.
(2) A medical facility shall notify a patient affected
by a serious event or incident under this subsection or the
patient's designee in accordance with subsection (b).
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Section 313. Medical facility reports and notifications.
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(b.1) Surgical reports.--If a medical facility receives a
report under section 308(a.1), the medical facility shall report
the serious event or incident to the department and the
authority within 24 hours of the medical facility's confirmation
of the occurrence of the serious event or incident. The report
to the department and the authority shall be in the form and
manner prescribed by the authority in consultation with the
department and shall not include the name of any patient or any
other identifiable individual information.
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Section 3. This act shall take effect in 60 days.
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