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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GRELL, AUMENT, BENNINGHOFF, BLOOM, BOYD, CUTLER, DENLINGER, GINGRICH, GROVE, KAUFFMAN, KILLION, REICHLEY, SIMMONS, TALLMAN, TURZAI, VULAKOVICH, ROSS, MUSTIO AND O'NEILL, JUNE 6, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, JUNE 6, 2011 |
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| AN ACT |
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1 | Amending the act of March 20, 2002 (P.L.154, No.13), entitled |
2 | "An act reforming the law on medical professional liability; |
3 | providing for patient safety and reporting; establishing the |
4 | Patient Safety Authority and the Patient Safety Trust Fund; |
5 | abrogating regulations; providing for medical professional |
6 | liability informed consent, damages, expert qualifications, |
7 | limitations of actions and medical records; establishing the |
8 | Interbranch Commission on Venue; providing for medical |
9 | professional liability insurance; establishing the Medical |
10 | Care Availability and Reduction of Error Fund; providing for |
11 | medical professional liability claims; establishing the Joint |
12 | Underwriting Association; regulating medical professional |
13 | liability insurance; providing for medical licensure |
14 | regulation; providing for administration; imposing penalties; |
15 | and making repeals," further defining "health care provider"; |
16 | and further providing for punitive damages. |
17 | The General Assembly of the Commonwealth of Pennsylvania |
18 | hereby enacts as follows: |
19 | Section 1. The definition of "health care provider" in |
20 | section 503 of the act of March 20, 2002 (P.L.154, No.13), known |
21 | as the Medical Care Availability and Reduction of Error (Mcare) |
22 | Act, is amended to read: |
23 | Section 503. Definitions. |
24 | The following words and phrases when used in this chapter |
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1 | shall have the meanings given to them in this section unless the |
2 | context clearly indicates otherwise: |
3 | * * * |
4 | "Health care provider." A primary health care center, a |
5 | personal care home or assisted living residence licensed by the |
6 | Department of Public Welfare pursuant to the act of June 13, |
7 | 1967 (P.L.31, No.21), known as the Public Welfare Code, a home |
8 | health care agency licensed by the Department of Health pursuant |
9 | to the act of July 19, 1979 (P.L.130, No.48), known as the |
10 | Health Care Facilities Act, or a person, including a |
11 | corporation, university or other educational institution |
12 | licensed or approved by the Commonwealth to provide health care |
13 | or professional medical services as a physician, a certified |
14 | nurse midwife, a podiatrist, hospital, nursing home, birth |
15 | center, and an officer, employee or agent of any of them acting |
16 | in the course and scope of employment. |
17 | * * * |
18 | Section 2. Section 505(d) of the act is amended to read: |
19 | Section 505. Punitive damages. |
20 | * * * |
21 | (d) Total amount of damages.--Except in cases alleging |
22 | intentional misconduct, punitive damages against [an individual |
23 | physician] a health care provider shall not exceed 200% of the |
24 | compensatory damages awarded. Punitive damages, when awarded, |
25 | shall not be less than $100,000 unless a lower verdict amount is |
26 | returned by the trier of fact. |
27 | * * * |
28 | Section 3. This act shall take effect in 60 days. |
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