Bill Text: PA HB913 | 2011-2012 | Regular Session | Introduced

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Bill Title: In insurance, further providing for the Medical Care Availability and Reduction of Error Fund.

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2011-03-03 - Referred to INSURANCE [HB913 Detail]

Download: Pennsylvania-2011-HB913-Introduced.html

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PRINTER'S NO. 976
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 913 Session of2011
INTRODUCED BY MICOZZIE, DeLUCA, GROVE, FABRIZIO, BENNINGHOFF, CALTAGIRONE, GEIST, GINGRICH, HORNAMAN, KORTZ, MILNE, MUNDY, READSHAW, STURLA AND VULAKOVICH, MARCH 3, 2011
REFERRED TO COMMITTEE ON INSURANCE, MARCH 3, 2011
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 insurance, further providing for the
Medical Care Availability and Reduction of Error Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 712(d) of 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 to read:
Section 712. Medical Care Availability and Reduction of Error
Fund.
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(d) Assessments.--
(1) For calendar year 2003 [and for each year
thereafter] through 2011, the fund shall be funded by an
assessment on each participating health care provider.
Assessments shall be levied by the department on or after
January 1 of each year. The assessment shall be based on the
prevailing primary premium for each participating health care
provider and shall, in the aggregate, produce an amount
sufficient to do all of the following:
(i) Reimburse the fund for the payment of reported
claims which became final during the preceding claims
period.
(ii) Pay expenses of the fund incurred during the
preceding claims period.
(iii) Pay principal and interest on moneys
transferred into the fund in accordance with section
713(c).
(iv) Provide a reserve that shall be 10% of the sum
of subparagraphs (i), (ii) and (iii).
(1.1) For calendar year 2012 and each year thereafter,
the fund shall be funded by an annual assessment on each
participating health care provider. Assessments shall be
levied by the department after December 31. The assessment
shall be based on the prevailing primary premium for each
participating health care provider and shall, in the
aggregate, produce an amount equal to the sum of the
following amounts minus the projected fund balance at the
close of the calendar year preceding the assessment year:
(i) The reported claims which became final during
the preceding claims period.
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(ii) The expenses of the fund incurred during the
preceding claims period.
(iii) The outstanding principal and interest on
moneys transferred into the fund under section 713(c).
(iv) Ten percent of the sum of subparagraphs (i),
(ii) and (iii).
(1.2) Paragraph (1.1) is not intended to validate or
refute any position advanced by a party in proceedings
challenging any assessment prior to the effective date of
this paragraph. The outcome of those proceedings shall be
based upon the statutory language in effect on the day before
the effective date of this paragraph.
(2) The department shall notify all basic insurance
coverage insurers and self-insured participating health care
providers of the assessment by November 1 for the succeeding
calendar year.
(3) Any appeal of the assessment shall be filed with the
department.
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Section 2. This act shall take effect in 60 days.
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