THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY VANCE, SCARNATI, M. WHITE, BROWNE, EARLL, ORIE, PICCOLA, RAFFERTY, ALLOWAY, BAKER, BOSCOLA, BRUBAKER, CORMAN, DINNIMAN, EICHELBERGER, FOLMER, KITCHEN, LEACH, McILHINNEY, O'PAKE, PIPPY, ROBBINS, SMUCKER, STOUT, VOGEL, WARD, WAUGH, D. WHITE, WONDERLING AND YAW, FEBRUARY 19, 2009

REFERRED TO JUDICIARY, FEBRUARY 19, 2009  

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,

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.