A05165
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2198
Session of
2024
INTRODUCED BY KRUEGER, BRENNAN, PROBST, MALAGARI, KHAN, GIRAL,
GUENST, BURGOS, BOYD, WARREN, KINSEY, CEPEDA-FREYTIZ, KEEFER,
SANCHEZ, HOWARD, HARKINS, McNEILL, HANBIDGE, MUNROE,
T. DAVIS, FREEMAN, SCHWEYER, ROZZI, STURLA, BOROWSKI, BURNS,
RABB, SCHLOSSBERG, WEBSTER, NEILSON, PARKER, HILL-EVANS,
D. MILLER, DELLOSO, D. WILLIAMS, FLEMING, CERRATO,
SHUSTERMAN, KENYATTA, PASHINSKI, CIRESI AND MERSKI,
APRIL 9, 2024
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 12, 2024
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in original jurisdiction
and venue of courts of common pleas and in preliminary
provisions on actions, reenacting provisions relating to
venue in medical professional liability actions; and, in
rules of evidence, further providing for subpoena of records
and for rights of patients.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 6152(a)(2) and 6155(b)(1) of Title 42 of
the Pennsylvania Consolidated Statutes are amended to read:
SECTION 1. SECTION 6152(A)(2) OF TITLE 42 OF THE
PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO READ:
Section 1. Sections 931(c) and 5101.1 of Title 42 of the
Pennsylvania Consolidated Statutes are reenacted to read:
§ 931. Original jurisdiction and venue.
* * *
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
(c) Venue and process.--Except as provided by section 5101.1
(relating to venue in medical professional liability actions)
and Subchapter B of Chapter 85 (relating to actions against
Commonwealth parties), the venue of a court of common pleas
concerning matters over which jurisdiction is conferred by this
section shall be as prescribed by general rule. The process of
the court shall extend beyond the territorial limits of the
judicial district to the extent prescribed by general rule.
Except as otherwise prescribed by general rule, in a proceeding
to enforce an order of a government agency the process of the
court shall extend throughout this Commonwealth.
§ 5101.1. Venue in medical professional liability actions.
(a) Declaration of policy.--In accordance with section
514(a) of the act of March 20, 2002 (P.L.154, No.13), known as
the Medical Care Availability and Reduction of Error (Mcare)
Act, and as a matter of public policy, the General Assembly
further declares the need to change the venue requirements for
medical professional liability actions.
(b) General rule.--Notwithstanding any other provision to
the contrary, a medical professional liability action may be
brought against a health care provider for a medical
professional liability claim only in the county in which the
cause of action arose.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Birth center." An entity licensed as a birth center under
the act of July 19, 1979 (P.L.130, No.48), known as the Health
Care Facilities Act.
"Health care provider." A primary health care center, a
A05165 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
personal care home licensed by the Department of Public Welfare
pursuant to the act of June 13, 1967 (P.L.31, No.21), known as
the Public Welfare Code, or a person, including a corporation,
university or other educational institution licensed or approved
by the Commonwealth to provide health care or professional
medical services as a physician, a certified nurse midwife, a
podiatrist, hospital, nursing home, birth center, and an
officer, employee or agent of any of them acting in the course
and scope of employment.
"Hospital." An entity licensed as a hospital under the act
of June 13, 1967 (P.L.31, No.21), known as the Public Welfare
Code, or the act of July 19, 1979 (P.L.130, No.48), known as the
Health Care Facilities Act.
"Medical professional liability action." Any proceeding in
which a medical professional liability claim is asserted,
including an action in a court of law or an arbitration
proceeding.
"Medical professional liability claim." Any claim seeking
the recovery of damages or loss from a health care provider
arising out of any tort or breach of contract causing injury or
death resulting from the furnishing of health care services
which were or should have been provided.
"Nursing home." An entity licensed as a nursing home under
the act of July 19, 1979 (P.L.130, No.48), known as the Health
Care Facilities Act.
"Primary health care center." A community-based nonprofit
corporation meeting standards prescribed by the Department of
Health which provides preventive, diagnostic, therapeutic and
basic emergency health care by licensed practitioners who are
employees of the corporation or under contract to the
A05165 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
corporation.
Section 1.1. Section 6152(a)(2) of Title 42 is amended to
read:
§ 6152. Subpoena of records.
(a) Election.--
* * *
(2) (i) Except as provided in subparagraph (ii), the
health care provider or facility or a designated agent
shall be entitled to receive payment of the amounts under
this subsection before producing the charts or records
pursuant to a subpoena. [The] If paper copies are
requested, the payment shall be $20.62 for searching for
and retrieving the records, $1.39 per page for the first
20 pages, $1.03 per page for pages 21 through 60 and 34¢
per page for pages 61 and thereafter for paper copies or
reproductions on electronic media whether the records are
stored on paper or in electronic format; $2.04 per page
for copies from microfilm; plus the actual cost of
postage, shipping or delivery. No other charges for the
retrieval, copying and shipping or delivery of medical
records other than those set forth in this paragraph
shall be permitted without prior approval of the party
requesting the copying of the medical records. The
amounts which may be charged for paper copies shall be
adjusted annually beginning on January 1, 2013, by the
Secretary of Health of the Commonwealth based on the most
recent changes in the consumer price index reported
annually by the Bureau of Labor Statistics of the United
States Department of Labor. IF COPIES ARE REQUESTED IN AN
ELECTRONIC FORMAT, THE TOTAL PAYMENT UNDER THIS
A05165 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
SUBPARAGRAPH MAY NOT EXCEED $200.
(i.1) If the charts or records are maintained in an
electronic format and a request is made for the charts or
records to be produced in an electronic format, the
payment shall be $6.50 in responding to the request for
the charts or records.
(ii) Payment to a health care provider or facility
for searching for, retrieving and reproducing medical
charts or records requested by a district attorney shall
be $20.62, search and retrieval fee, plus the actual cost
of postage, shipping or delivery as described in
subparagraph (i), as adjusted by the Secretary of Health
of the Commonwealth, unless otherwise agreed to by the
district attorney.
* * *
§ 6155. Rights of patients.
* * *
(b) Rights to records generally.--
(1) A patient or his designee, including his attorney,
shall have the right of access to his medical charts and
records and to obtain photocopies of the same, without the
use of a subpoena duces tecum, for his own use. A health care
provider or facility shall not charge a patient or his
designee, including his attorney, a fee in excess of the
amounts set forth in section 6152(a)(2)(i) and (i.1)
(relating to subpoena of records).
* * *
Section 2. This act shall take effect in 60 days.
A05165 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28