PRINTER'S NO. 2195
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1785
Session of
2023
INTRODUCED BY DALEY, SHUSTERMAN, VENKAT, MADDEN, BURGOS,
HOHENSTEIN, BRENNAN, HOWARD, PROBST, GUENST, SANCHEZ, BOYD,
KINSEY, SCHLOSSBERG, BOROWSKI, KINKEAD AND OTTEN,
OCTOBER 24, 2023
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 24, 2023
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," in insurance, providing for adverse
actions against legal reproductive health care.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 20, 2002 (P.L.154, No.13), known
as the Medical Care Availability and Reduction of Error (Mcare)
Act, is amended by adding a section to read:
Section 747.1. Adverse actions against legal reproductive
health care.
(a) Prohibition.--An insurer providing medical professional
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liability insurance shall be prohibited from taking an adverse
action against a health care provider solely on the basis that
the health care provider provides reproductive health care
services that are permitted under the laws of this Commonwealth
on a patient who is from outside this Commonwealth. This
subsection shall apply to a health care provider who prescribes
medication permitted under the laws of this Commonwealth to
terminate a pregnancy to an out-of-State patient by means of
telemedicine.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Adverse action." The term includes, but is not limited to,
any of the following:
(1) Refusing to renew or execute a contract or an
agreement with a health care provider.
(2) Making a report to an appropriate private or
governmental entity regarding the practices of the health
care provider which may violate laws relating to reproductive
health care services in other states.
(3) Increasing a charge for or reducing or making
another adverse or unfavorable change in the terms of
coverage or amount for a medical professional liability
contract or agreement with a health care provider.
"Reproductive health care services." Medical, surgical,
counseling or referral services relating to the human
reproductive system, including services relating to pregnancy,
contraception or the termination of pregnancy.
Section 2. This act shall take effect in 60 days.
20230HB1785PN2195 - 2 -
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