Bill Text: PA SR362 | 2009-2010 | Regular Session | Introduced

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Bill Title: Directing the Legislative Budget and Finance Committee to conduct a study of the Medical Care Availability and Reduction of Error Fund administered by the Insurance Department.

Spectrum: Strong Partisan Bill (Republican 13-1)

Status: (Introduced - Dead) 2010-06-16 - Referred to BANKING AND INSURANCE [SR362 Detail]

Download: Pennsylvania-2009-SR362-Introduced.html

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PRINTER'S NO. 2076
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE RESOLUTION
No. 362 Session of2010
INTRODUCED BY D. WHITE, ARGALL, ERICKSON, YAW, GREENLEAF, ORIE, WASHINGTON, ALLOWAY, WAUGH, PILEGGI, M. WHITE, EARLL AND BROWNE, JUNE 16, 2010
REFERRED TO BANKING AND INSURANCE, JUNE 16, 2010
A RESOLUTION
Directing the Legislative Budget and Finance Committee to
conduct a study of the Medical Care Availability and
Reduction of Error Fund administered by the Insurance
Department.
WHEREAS, The Medical Care Availability and Reduction of Error
Fund (Mcare Fund) was created by Act 13 of 2002 and signed into
law on March 20, 2002; and
WHEREAS, The Mcare Fund is the successor to the Medical
Professional Liability Catastrophe Loss Fund, better known as
the CAT Fund, which was established by section 701(e) of the
Health Care Services Malpractice Act and began to accept
coverage and accrue unreserved liabilities starting in 1976; and
WHEREAS, The Mcare Fund is a special fund within the State
Treasury established to ensure reasonable compensation for
persons injured due to medical negligence; and
WHEREAS, Money in the Mcare Fund is used to pay claims
against participating health care providers and eligible
entities for losses or damages awarded in medical professional
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liability actions in excess of basic insurance coverage (primary
coverage) provided by primary professional liability insurance
companies (primary carriers) or self-insurers; and
WHEREAS, The Mcare Fund is funded by an assessment on each
participating health care provider; therefore be it
RESOLVED, That the Senate direct the Legislative Budget and
Finance Committee to conduct a study of the Mcare Fund to
ascertain its policies and procedures to ensure the availability
and accessibility of affordable medical professional liability
coverage; and be it further
RESOLVED, That the Legislative Budget and Finance Committee's
report include, but not necessarily be limited to, an evaluation
of the Mcare Fund's operations by examining:
(1) Mcare Fund operations and expenses.
(2) Claims resolution practices and appropriate
coordination with primary coverage insurers or self-insured
plans and excess coverage insurers.
(3) Mcare Fund practices in connection with collection
and remittance of assessments from health care providers.
(4) The manner of selecting defense counsel regardless
of whether selected by the Mcare Fund, the Insurance
Department, the Office of General Counsel or otherwise and
the cost of defense counsel.
(5) Responsiveness to inquiries regarding the Mcare
Fund's policies and procedures.
(6) The reliability and appropriateness of the Mcare
assessments among various health care provider types,
specialties and geographic locations.
(7) The validity and reliability of Mcare Fund data in
determining the number of actively practicing physicians in
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Pennsylvania;
and be it further
RESOLVED, That the Legislative Budget and Finance Committee
report its findings to the Senate no later than nine months
after adoption of the resolution.
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