Bill Text: PA HB495 | 2011-2012 | Regular Session | Introduced

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Bill Title: In rules of evidence, providing for benevolent gesture or admission by health care provider or assisted living residence or personal care home.

Spectrum: Strong Partisan Bill (Republican 28-2)

Status: (Engrossed - Dead) 2011-03-02 - Referred to JUDICIARY [HB495 Detail]

Download: Pennsylvania-2011-HB495-Introduced.html

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PRINTER'S NO. 450
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 495 Session of2011
INTRODUCED BY GILLESPIE, BOYD, CLYMER, CUTLER, DAY, EVERETT, FLECK, GEIST, GINGRICH, GRELL, GROVE, KILLION, MILLER, MUSTIO, PICKETT, READSHAW, REICHLEY, ROSS, SAYLOR, SONNEY AND TALLMAN, FEBRUARY 4, 2011
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 4, 2011
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in rules of evidence,
providing for benevolent gesture or admission by health care
provider or assisted living residence or personal care home.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 6145. Benevolent gesture or admission by health care provider
or assisted living residence or personal care home.
(a) Admissibility.--In any liability action, any benevolent
gesture or admission of fault made prior to the commencement of
a medical professional liability action by:
(1) a health care provider or an officer, employee or
agent thereof to a patient or resident or the patient's or
resident's relative or representative regarding the patient's
or resident's discomfort, pain, suffering, injury or death,
regardless of the cause, including, but not limited to, the
unanticipated outcome of any treatment, consultation, care or
service or omission of treatment, consultation, care or
service provided by the health care provider, assisted living
residence or personal care home, its employees, agents or
contractors, prior to the commencement of a medical
professional liability action, liability action or mediation
shall be inadmissible as evidence of liability or as evidence
of an admission against interest; or
(2) an assisted living residence or personal care home
or an officer, employee or agent thereof, to a patient or
resident or the patient's or resident's relative or
representative regarding the patient's or resident's
discomfort, pain, suffering, injury or death, regardless of
the cause, including, but not limited to, the unanticipated
outcome of any treatment, consultation, care or service or
omission of treatment, consultation, care or service provided
by the health care provider, assisted living residence or
personal care home, its employees, agents or contractors,
prior to the commencement of a medical professional liability
action, liability action or mediation shall be inadmissible
as evidence of liability or as evidence of an admission
against interest.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Assisted living residence." As defined under section 1001
of the act of June 13, 1967 (P.L.31, No.21), known as the Public
Welfare Code.
"Benevolent gesture." Any and all action, conduct, statement
or gesture that conveys a sense of apology, condolence,
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explanation, compassion or commiseration emanating from humane
impulses.
"Health care provider." As defined under section 103 of the
act of March 20, 2002 (P.L.154, No.13), known as the Medical
Care Availability and Reduction of Error (Mcare) Act.
"Medical professional liability action." As defined under
section 103 of the act of March 20, 2002 (P.L.154, No.13), known
as the Medical Care Availability and Reduction of Error (Mcare)
Act.
"Personal care home." As defined under section 1001 of the
act of June 13, 1967 (P.L.31, No.21), known as the Public
Welfare Code.
"Relative." A patient's spouse, parent, stepparent,
grandparent, child, stepchild, grandchild, brother, sister,
half-brother, half-sister, spouse's parents or any person who
has a family-type relationship with a patient.
"Representative." A legal guardian, attorney, an agent
designated to make medical decisions under a power of attorney
over health care matters or a health care representative who is
authorized to make health care decisions for a principal under
applicable law or a surrogate designated in an advance directive
for health care or any person recognized in law or custom as a
patient's agent.
"Unanticipated outcome." An outcome of a medical treatment
or procedure, care or service that differs from the expected or
anticipated result.
Section 2. This act shall take effect in 60 days.
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