THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FOLMER, D. WHITE AND STACK, SEPTEMBER 21, 2012

REFERRED TO BANKING AND INSURANCE, SEPTEMBER 21, 2012  

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 regulation of medical professional

liability insurance, repealing provisions relating to reports

to commissioner and claims information.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 743 of the act of March 20, 2002

(P.L.154, No.13), known as the Medical Care Availability and

Reduction of Error (Mcare) Act, is repealed:

[Section 743.  Reports to commissioner and claims information.

(a)  Duty to report.--By October 15 of each year, basic

insurance coverage insurers and self-insured participating

health care providers shall report to the department the claims

information specified in subsection (b).

(b)  Department report.--Sixty days after the end of each

calendar year, the department shall prepare a report. The report

shall contain the total amount of claims paid and expenses

incurred during the preceding calendar year, the total amount of

reserve set aside for future claims, the date and place in which

each claim arose, the amounts paid, if any, and the disposition

of each claim, judgment of court, settlement or otherwise. For

final claims at the end of any calendar year, the report shall

include details by basic insurance coverage insurers and self-

insured participating health care providers of the amount of

assessment collected, the number of reimbursements paid and the

amount of reimbursements paid.

(c)  Submission of report.--A copy of the report prepared

pursuant to this section shall be submitted to the chairman and

minority chairman of the Banking and Insurance Committee of the

Senate and the chairman and minority chairman of the Insurance

Committee of the House of Representatives.]

Section 2.  This act shall take effect immediately.