| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY RAFFERTY, TARTAGLIONE, GREENLEAF, FARNESE, McILHINNEY, O'PAKE, ARGALL, BROWNE, YAW AND WARD, DECEMBER 23, 2009 |
| |
| |
| REFERRED TO BANKING AND INSURANCE, DECEMBER 23, 2009 |
| |
| |
| |
| AN ACT |
| |
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," establishing the Mcare Commission. |
16 | The General Assembly of the Commonwealth of Pennsylvania |
17 | hereby enacts as follows: |
18 | Section 1. The act of March 20, 2002 (P.L.154, No.13), known |
19 | as the Medical Care Availability and Reduction of Error (Mcare) |
20 | Act, is amended by adding a section to read: |
21 | Section 5103.2. Mcare Commission. |
22 | (a) Establishment.--There is established the Mcare |
23 | Commission. |
24 | (b) Composition.--The Mcare Commission shall consist of the |
|
1 | following members: |
2 | (1) One member appointed by the Governor. |
3 | (2) One member appointed by the President pro tempore of |
4 | the Senate. |
5 | (3) One member appointed by the Minority Leader of the |
6 | Senate. |
7 | (4) One member appointed by the Speaker of the House of |
8 | Representatives. |
9 | (5) One member appointed by the Minority Leader of the |
10 | House of Representatives. |
11 | (6) Three members of the medical community in this |
12 | Commonwealth, appointed by the Governor from individuals |
13 | formally recommended by the Pennsylvania Medical Society. |
14 | (7) Two members who are hospital administrators in this |
15 | Commonwealth, appointed by the Governor from individuals |
16 | recommended by the Hospital and Healthsystem Association of |
17 | Pennsylvania. |
18 | (8) One Pennsylvania student from an accredited |
19 | Pennsylvania Medical College. |
20 | (c) Powers and duties.--Notwithstanding this act or any |
21 | other law and on and after the effective date of this section, |
22 | the commission shall review all funding which emanates from the |
23 | Medical Care Availability and Reduction of Error (Mcare) Fund. |
24 | No funding shall emanate from the fund unless approved by a |
25 | majority of the commission. |
26 | Section 2. This act shall take effect in 60 days. |
|