Bill Text: PA SB692 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for abatement programs, for procedure and for expiration.

Spectrum: Slight Partisan Bill (Republican 14-6)

Status: (Introduced - Dead) 2009-03-27 - Referred to BANKING AND INSURANCE [SB692 Detail]

Download: Pennsylvania-2009-SB692-Introduced.html

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PRINTER'S NO. 771
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 692 Session of2009
INTRODUCED BY RAFFERTY, BRUBAKER, PIPPY, ROBBINS, GORDNER, O'PAKE, WAUGH, PICCOLA, YAW, WARD, BOSCOLA, BROWNE, TOMLINSON, ALLOWAY, WONDERLING, LEACH, LOGAN AND FOLMER, MARCH 27, 2009
REFERRED TO BANKING AND INSURANCE, MARCH 27, 2009
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," further providing for abatement
programs, for procedure and for expiration.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1102 of the act of March 20, 2002
(P.L.154, No.13), known as the Medical Care Availability and
Reduction of Error (Mcare) Act, amended October 27, 2006
(P.L.1198, No.128), is amended to read:
Section 1102. Abatement program.
(a) Establishment.--There is hereby established within the
Insurance Department a program to be known as the Health Care
Provider Retention Program. The Insurance Department, in
conjunction with the Department of Public Welfare, shall
administer the program. The program shall provide assistance in
the form of assessment abatements to health care providers for
calendar years 2003, 2004, 2005, 2006 [and], 2007, 2008, 2009
and 2010 except that licensed podiatrists shall not be eligible
for calendar years 2003 and 2004, and nursing homes shall not be
eligible for calendar years 2003, 2004 and 2005.
(b) Other abatement.--Emergency physicians not employed full
time by a trauma center or working under an exclusive contract
with a trauma center shall retain eligibility for an abatement
pursuant to section 1104(b)(2) for calendar years 2003, 2004,
2005 and 2006. Commencing in calendar year 2007, these emergency
physicians shall be eligible for an abatement pursuant to
section 1104(b)(1).
Section 2. Section 1104(a) of the act, added December 22,
2005 (P.L.458, No.88), is amended to read:
Section 1104. Procedure.
(a) Application.--A health care provider may apply to the
Insurance Department for an abatement of the assessment imposed
for the previous calendar year specified on the application.
[The] Except for abatement applications for calendar year 2008,
the application must be submitted by the second Monday of
February of the calendar year specified on the application and
shall be on the form required by the Insurance Department. The
department shall require that the application contain all of the
following supporting information:
(1) A statement of the applicant's field of practice,
including any specialty.
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(2) Except for physicians enrolled in an approved
residency or fellowship program, a signed certificate of
retention.
(3) A signed certification that the health care provider
is an eligible applicant under section 1103 for the program.
(4) Such other information as the Insurance Department
may require.
* * *
Section 3. Section 1115 of the act, amended October 27, 2006
(P.L.1198, No.128), is amended to read:
Section 1115. Expiration.
The Health Care Provider Retention Program established under
this chapter shall expire December 31, [2008] 2010.
Section 4. The amendment of section 1115 of the act shall be
retroactive to December 31, 2008.
Section 5. This act shall take effect immediately.
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