PRINTER'S NO. 84
No. 89 Session of 1999
INTRODUCED BY BELL, TILGHMAN, BELAN, CONTI, KASUNIC, BOSCOLA AND
THOMPSON, JANUARY 8, 1999
REFERRED TO JUDICIARY, JANUARY 8, 1999
AN ACT
1 Authorizing suit against providers of employer-sponsored health
2 insurance plans in certain cases.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the HMO Medical
7 Malpractice Liability Act.
8 Section 2. Suit authorized.
9 Notwithstanding any other provision of Federal or State law,
10 including, but not limited to, the Employee Retirement Income
11 Security Act of 1974 (Public Law 93-406, 88 Stat. 829), a
12 Pennsylvania resident may file suit for damages against an HMO,
13 a PPO or any other type of provider of an employer-sponsored
14 health insurance plan for medical malpractice if payment for a
15 course of treatment prescribed as medically necessary by the
16 person's treating physician is denied by the health insurance
17 plan and the patient thereby consequentially suffers injury,
1 aggravation of an existing condition or death as a result of the
2 denial.
3 Section 3. Effective date.
4 This act shall take effect in 60 days.
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