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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY VANCE, SCARNATI, BAKER, KITCHEN, ORIE, BOSCOLA, ROBBINS, YAW, EARLL, RAFFERTY, PIPPY, BROWNE, D. WHITE, M. WHITE, FOLMER, VOGEL, BRUBAKER, WAUGH, PICCOLA AND EICHELBERGER, FEBRUARY 17, 2011 |
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| REFERRED TO JUDICIARY, FEBRUARY 17, 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," in medical professional liability, |
16 | providing for benevolent gesture or admission by health care |
17 | provider or assisted living residence. |
18 | The General Assembly of the Commonwealth of Pennsylvania |
19 | hereby enacts as follows: |
20 | Section 1. 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 by adding a section to read: |
23 | Section 503.1. Benevolent gesture or admission by health care |
24 | provider, assisted living residence or ostensible |
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1 | agent. |
2 | (a) Admissibility.--In any liability action, any benevolent |
3 | gesture or admission made prior to the commencement of a medical |
4 | professional liability action by: |
5 | (1) a health care provider or an officer, employee or |
6 | agent thereof to a patient or resident or the patient's or |
7 | resident's relative or representative regarding the patient's |
8 | or resident's discomfort, pain, suffering, injury or death, |
9 | regardless of the cause, resulting from any treatment, |
10 | consultation, care or service or omission of treatment, |
11 | consultation, care or service provided by the health care |
12 | provider, assisted living residence, its employees, agents or |
13 | contractors, prior to the commencement of a medical |
14 | professional liability action, liability action, |
15 | administrative action, mediation or arbitration shall be |
16 | inadmissible as evidence of liability or as evidence of an |
17 | admission against interest; or |
18 | (2) an assisted living residence or an officer, employee |
19 | or agent thereof, to a patient or resident or the patient's |
20 | or resident's relative or representative regarding the |
21 | patient's or resident's discomfort, pain, suffering, injury |
22 | or death, regardless of the cause, resulting from any |
23 | treatment, consultation, care or service or omission of |
24 | treatment, consultation, care or service provided by the |
25 | health care provider, assisted living residence or its |
26 | employees, agents or contractors, prior to the commencement |
27 | of a medical professional liability action, liability action, |
28 | administrative action, mediation or arbitration shall be |
29 | inadmissible as evidence of liability or as evidence of an |
30 | admission against interest. |
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1 | (b) Definitions.--As used in this section, the following |
2 | words and phrases shall have the meanings given to them in this |
3 | subsection: |
4 | "Assisted living residence." As defined under section 1001 |
5 | of the act of June 13, 1967 (P.L.31, No.21), known as the Public |
6 | Welfare Code. |
7 | "Benevolent gesture." Any and all action, conduct, statement |
8 | or gesture that conveys a sense of apology, condolence, |
9 | explanation, compassion or commiseration emanating from humane |
10 | impulses. |
11 | "Relative." A patient's spouse, parent, stepparent, |
12 | grandparent, child, stepchild, grandchild, brother, sister, |
13 | half-brother, half-sister, spouse's parents or any person who |
14 | has a family-type relationship with a patient. |
15 | "Representative." A legal guardian, attorney, an agent |
16 | designated to make medical decisions under a power of attorney |
17 | over health care matters or a health care representative who is |
18 | authorized to make health care decisions for a principal under |
19 | applicable law or a surrogate designated in an advance directive |
20 | for health care or any person recognized in law or custom as a |
21 | patient's agent. |
22 | Section 2. The addition of section 503.1 of the act shall |
23 | apply to actions pending on the effective date of this section. |
24 | Section 3. This act shall take effect in 60 days. |
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