PRIOR PASSAGE - NONE PRIOR PRINTER'S NO. 4102 PRINTER'S NO. 4250
No. 2722 Session of 2004
INTRODUCED BY PAYNE, CLYMER, ADOLPH, BALDWIN, BARRAR, BIRMELIN, BOYD, S. E. CORNELL, CRAHALLA, DALLY, DENLINGER, FAIRCHILD, FICHTER, FLICK, GILLESPIE, HARRIS, HERSHEY, HICKERNELL, HUTCHINSON, KILLION, LEH, LEWIS, MAHER, McGILL, McILHATTAN, METCALFE, MUSTIO, O'NEILL, PETRI, REED, REICHLEY, ROSS, SATHER, SAYLOR, SCAVELLO, SCHRODER, T. STEVENSON, E. Z. TAYLOR, TRUE, TURZAI, WATSON, WEBER, WRIGHT, RUBLEY, EGOLF, GODSHALL, NICKOL, CREIGHTON, GINGRICH, GABIG, BASTIAN, MACKERETH, STEIL, CORRIGAN, BENNINGHOFF, HESS, ARMSTRONG, BARD, COLEMAN AND McILHINNEY, JUNE 16, 2004
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 30, 2004
A JOINT RESOLUTION 1 Proposing an amendment to the Constitution of the Commonwealth 2 of Pennsylvania, providing for medical professional liability <-- 3 actions. FURTHER PROVIDING FOR COMPENSATION LAWS ALLOWED TO <-- 4 GENERAL ASSEMBLY RELATING TO MEDICAL PROFESSIONAL LIABILITY 5 ACTIONS. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby resolves as follows: 8 Section 1. The following amendment to the Constitution of <-- 9 Pennsylvania is proposed in accordance with Article XI: 10 That section 18 of Article III be amended to read: 11 § 18. Compensation laws allowed to General Assembly. 12 (a) The General Assembly may enact laws requiring the 13 payment by employers, or employers and employees jointly, of 14 reasonable compensation for injuries to employees arising in the
1 course of their employment, and for occupational diseases of 2 employees, whether or not such injuries or diseases result in 3 death, and regardless of fault of employer or employee, and 4 fixing the basis of ascertainment of such compensation and the 5 maximum and minimum limits thereof, and providing special or 6 general remedies for the collection thereof[; but in]. 7 (b) In a medical professional liability action involving a 8 medical professional liability claim brought against a licensed 9 health care professional or a health care facility, the General 10 Assembly may, by statute, limit the recovery of noneconomic 11 damages for injuries resulting in death, or for injuries to 12 persons. 13 (c) In no other cases shall the General Assembly limit the 14 amount to be recovered for injuries resulting in death, or for 15 injuries to persons or property, and in case of death from such 16 injuries, the right of action shall survive, and the General 17 Assembly shall prescribe for whose benefit such actions shall be 18 prosecuted. 19 (d) No act shall prescribe any limitations of time within 20 which suits may be brought against corporations for injuries to 21 persons or property, or for other causes different from those 22 fixed by general laws regulating actions against natural 23 persons, and such acts now existing are avoided. 24 Section 2. (a) Upon the first passage by the General 25 Assembly of this proposed constitutional amendment, the 26 Secretary of the Commonwealth shall proceed immediately to 27 comply with the advertising requirements of section 1 of Article 28 XI of the Constitution of Pennsylvania and shall transmit the 29 required advertisements to two newspapers in every county in 30 which such newspapers are published in sufficient time after 20040H2722B4250 - 2 -
1 passage of this proposed constitutional amendment. 2 (b) Upon the second passage by the General Assembly of this 3 proposed constitutional amendment, the Secretary of the 4 Commonwealth shall proceed immediately to comply with the 5 advertising requirements of section 1 of Article XI of the 6 Constitution of Pennsylvania and shall transmit the required 7 advertisements to two newspapers in every county in which such 8 newspapers are published in sufficient time after passage of 9 this proposed constitutional amendment. The Secretary of the 10 Commonwealth shall submit this proposed constitutional amendment 11 to the qualified electors of this Commonwealth at the first 12 primary, general or municipal election which meets the 13 requirements of and is in conformance with section 1 of Article 14 XI of the Constitution of Pennsylvania and which occurs at least 15 three months after the proposed constitutional amendment is 16 passed by the General Assembly. 17 SECTION 1. THE FOLLOWING AMENDMENT TO THE CONSTITUTION OF <-- 18 PENNSYLVANIA IS PROPOSED IN ACCORDANCE WITH ARTICLE XI: 19 THAT SECTION 18 OF ARTICLE III BE AMENDED TO READ: 20 § 18. COMPENSATION LAWS ALLOWED TO GENERAL ASSEMBLY. 21 (A) THE GENERAL ASSEMBLY MAY ENACT LAWS REQUIRING THE 22 PAYMENT BY EMPLOYERS, OR EMPLOYERS AND EMPLOYEES JOINTLY, OF 23 REASONABLE COMPENSATION FOR INJURIES TO EMPLOYEES ARISING IN THE 24 COURSE OF THEIR EMPLOYMENT, AND FOR OCCUPATIONAL DISEASES OF 25 EMPLOYEES, WHETHER OR NOT SUCH INJURIES OR DISEASES RESULT IN 26 DEATH, AND REGARDLESS OF FAULT OF EMPLOYER OR EMPLOYEE, AND 27 FIXING THE BASIS OF ASCERTAINMENT OF SUCH COMPENSATION AND THE 28 MAXIMUM AND MINIMUM LIMITS THEREOF, AND PROVIDING SPECIAL OR 29 GENERAL REMEDIES FOR THE COLLECTION THEREOF[; BUT IN]. 30 (B) IN A MEDICAL PROFESSIONAL LIABILITY ACTION INVOLVING A 20040H2722B4250 - 3 -
1 MEDICAL PROFESSIONAL LIABILITY CLAIM BROUGHT AGAINST A LICENSED 2 HEALTH CARE PROFESSIONAL, OR A HEALTH CARE FACILITY, THE GENERAL 3 ASSEMBLY MAY, BY STATUTE, LIMIT THE RECOVERY OF NONECONOMIC 4 DAMAGES FOR INJURIES RESULTING IN DEATH, OR FOR INJURIES TO 5 PERSONS. 6 (C) IN NO OTHER CASES SHALL THE GENERAL ASSEMBLY LIMIT THE 7 AMOUNT TO BE RECOVERED FOR INJURIES RESULTING IN DEATH, OR FOR 8 INJURIES TO PERSONS OR PROPERTY, AND IN CASE OF DEATH FROM SUCH 9 INJURIES, THE RIGHT OF ACTION SHALL SURVIVE, AND THE GENERAL 10 ASSEMBLY SHALL PRESCRIBE FOR WHOSE BENEFIT SUCH ACTIONS SHALL BE 11 PROSECUTED. 12 (D) NO ACT SHALL PRESCRIBE ANY LIMITATIONS OF TIME WITHIN 13 WHICH SUITS MAY BE BROUGHT AGAINST CORPORATIONS FOR INJURIES TO 14 PERSONS OR PROPERTY, OR FOR OTHER CAUSES DIFFERENT FROM THOSE 15 FIXED BY GENERAL LAWS REGULATING ACTIONS AGAINST NATURAL 16 PERSONS, AND SUCH ACTS NOW EXISTING ARE AVOIDED. 17 SECTION 2. (A) UPON THE FIRST PASSAGE BY THE GENERAL 18 ASSEMBLY OF THIS PROPOSED CONSTITUTIONAL AMENDMENT, THE 19 SECRETARY OF THE COMMONWEALTH SHALL PROCEED IMMEDIATELY TO 20 COMPLY WITH THE ADVERTISING REQUIREMENTS OF SECTION 1 OF ARTICLE 21 XI OF THE CONSTITUTION OF PENNSYLVANIA AND SHALL TRANSMIT THE 22 REQUIRED ADVERTISEMENTS TO TWO NEWSPAPERS IN EVERY COUNTY IN 23 WHICH SUCH NEWSPAPERS ARE PUBLISHED IN SUFFICIENT TIME AFTER 24 PASSAGE OF THIS PROPOSED CONSTITUTIONAL AMENDMENT. 25 (B) UPON THE SECOND PASSAGE BY THE GENERAL ASSEMBLY OF THIS 26 PROPOSED CONSTITUTIONAL AMENDMENT, THE SECRETARY OF THE 27 COMMONWEALTH SHALL PROCEED IMMEDIATELY TO COMPLY WITH THE 28 ADVERTISING REQUIREMENTS OF SECTION 1 OF ARTICLE XI OF THE 29 CONSTITUTION OF PENNSYLVANIA AND SHALL TRANSMIT THE REQUIRED 30 ADVERTISEMENTS TO TWO NEWSPAPERS IN EVERY COUNTY IN WHICH SUCH 20040H2722B4250 - 4 -
1 NEWSPAPERS ARE PUBLISHED IN SUFFICIENT TIME AFTER PASSAGE OF 2 THIS PROPOSED CONSTITUTIONAL AMENDMENT. THE SECRETARY OF THE 3 COMMONWEALTH SHALL SUBMIT THIS PROPOSED CONSTITUTIONAL AMENDMENT 4 TO THE QUALIFIED ELECTORS OF THIS COMMONWEALTH AT THE FIRST 5 PRIMARY, GENERAL OR MUNICIPAL ELECTION WHICH MEETS THE 6 REQUIREMENTS OF AND IS IN CONFORMANCE WITH SECTION 1 OF ARTICLE 7 XI OF THE CONSTITUTION OF PENNSYLVANIA AND WHICH OCCURS AT LEAST 8 THREE MONTHS AFTER THE PROPOSED CONSTITUTIONAL AMENDMENT IS 9 PASSED BY THE GENERAL ASSEMBLY. F15L83MSP/20040H2722B4250 - 5 -