THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY VANCE, SCARNATI, BAKER, KITCHEN, ORIE, BOSCOLA, ROBBINS, YAW, EARLL, RAFFERTY, PIPPY, BROWNE, D. WHITE, M. WHITE, FOLMER, VOGEL, BRUBAKER, WAUGH, PICCOLA AND EICHELBERGER, FEBRUARY 17, 2011

REFERRED TO JUDICIARY, FEBRUARY 17, 2011  

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 medical professional liability,

providing for benevolent gesture or admission by health care

provider or assisted living residence.

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 503.1.  Benevolent gesture or admission by health care

provider, assisted living residence or ostensible

agent.

(a)  Admissibility.--In any liability action, any benevolent

gesture or admission made prior to the commencement of a medical

professional liability action by:

(1)  a health care provider or an officer, employee or

agent thereof to a patient or resident or the patient's or

resident's relative or representative regarding the patient's

or resident's discomfort, pain, suffering, injury or death,

regardless of the cause, resulting from any treatment,

consultation, care or service or omission of treatment,

consultation, care or service provided by the health care

provider, assisted living residence, its employees, agents or

contractors, prior to the commencement of a medical

professional liability action, liability action,

administrative action, mediation or arbitration shall be

inadmissible as evidence of liability or as evidence of an

admission against interest; or

(2)  an assisted living residence or an officer, employee

or agent thereof, to a patient or resident or the patient's

or resident's relative or representative regarding the

patient's or resident's discomfort, pain, suffering, injury

or death, regardless of the cause, resulting from any

treatment, consultation, care or service or omission of

treatment, consultation, care or service provided by the

health care provider, assisted living residence or its

employees, agents or contractors, prior to the commencement

of a medical professional liability action, liability action,

administrative action, mediation or arbitration shall be

inadmissible as evidence of liability or as evidence of an

admission against interest.

(b)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Assisted living residence."  As defined under section 1001

of the act of June 13, 1967 (P.L.31, No.21), known as the Public

Welfare Code.

"Benevolent gesture."  Any and all action, conduct, statement

or gesture that conveys a sense of apology, condolence,

explanation, compassion or commiseration emanating from humane

impulses.

"Relative."  A patient's spouse, parent, stepparent,

grandparent, child, stepchild, grandchild, brother, sister,

half-brother, half-sister, spouse's parents or any person who

has a family-type relationship with a patient.

"Representative."  A legal guardian, attorney, an agent

designated to make medical decisions under a power of attorney

over health care matters or a health care representative who is

authorized to make health care decisions for a principal under

applicable law or a surrogate designated in an advance directive

for health care or any person recognized in law or custom as a

patient's agent.

Section 2.  The addition of section 503.1 of the act shall

apply to actions pending on the effective date of this section.

Section 3.  This act shall take effect in 60 days.