Bill Text: PA SB949 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for physician immunity for disclosure on controlled substances; and further providing for actions on insurance policies.

Spectrum: Slight Partisan Bill (Republican 11-4)

Status: (Introduced - Dead) 2011-04-11 - Referred to JUDICIARY [SB949 Detail]

Download: Pennsylvania-2011-SB949-Introduced.html

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PRINTER'S NO. 1026
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 949 Session of2011
INTRODUCED BY RAFFERTY, BROWNE, ORIE, EICHELBERGER, MENSCH, EARLL, STACK, ERICKSON, ALLOWAY, TARTAGLIONE, GREENLEAF, BOSCOLA, WOZNIAK, PICCOLA AND M. WHITE, APRIL 11, 2011
REFERRED TO JUDICIARY, APRIL 11, 2011
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, providing for physician
immunity for disclosure on controlled substances; and further
providing for actions on insurance policies.
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:
§ 8338.2. Physician immunity for disclosures on controlled
substances.
(a) Authorization.--A physician who is licensed under the
laws of this Commonwealth and practicing in this Commonwealth
may report to law enforcement authorities and disclose protected
health information relating to a patient if the physician has a
good faith belief that the patient has used a controlled
substance prescribed by the physician for an illicit purpose or
is attempting to obtain a controlled substance for an illicit
purpose. Patient consent or authorization to disclose protected
health information under such circumstances shall not be
required. No physician shall have a duty to make any report
permitted by this section.
(b) Immunity.--No physician shall be subject to
administrative or civil liability by reason of disclosing
protected health information for doing any of the following:
(1) Making a report under subsection (a).
(2) Cooperating with law enforcement authorities
conducting an investigation related to a report made under
subsection (a).
(3) Testifying in a proceeding related to a report made
under subsection (a).
(c) Construction.--
(1) The immunity granted under this section shall be
narrowly construed.
(2) Nothing in this section may be construed to grant a
physician immunity to disclose protected health information
or other confidential communications made by a patient
seeking legitimate medically accepted treatment for
addiction.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Controlled substance." As defined in section 2 of the act
of April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act.
"Illicit purpose." The use of a controlled substance for a
purpose other than that which is allowed by statutory law, case
law or regulation.
"Protected health information." The term shall have the
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meaning provided under the definition of "data aggregation" in
45 CFR 164.501 (relating to definitions).
Section 2. Section 8371 of Title 42 is amended to read:
§ 8371. Actions on insurance policies.
In an action arising under an insurance policy, if the
[court] trier of fact finds that the insurer has acted in bad
faith toward the insured, the [court] trier of fact may take all
of the following actions:
(1) Award interest on the amount of the claim from the
date the claim was made by the insured in an amount equal to
the prime rate of interest plus 3%.
(2) Award punitive damages against the insurer.
(3) Assess court costs and attorney fees against the
insurer.
Section 3. This act shall take effect in 60 days.
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