PRINTER'S NO. 2454
No. 1595 Session of 2002
INTRODUCED BY CONTI, TOMLINSON, GERLACH, GREENLEAF, LOGAN,
MOWERY, ORIE, D. WHITE AND C. WILLIAMS, NOVEMBER 27, 2002
REFERRED TO BANKING AND INSURANCE, NOVEMBER 27, 2002
AN ACT
1 Amending the act of March 20, 2002 (P.L.154, No.13), entitled
2 "An act reforming the law on medical professional liability;
3 providing for patient safety and reporting; establishing the
4 Patient Safety Authority and the Patient Safety Trust Fund;
5 abrogating regulations; providing for medical professional
6 liability informed consent, damages, expert qualifications,
7 limitations of actions and medical records; establishing the
8 Interbranch Commission on Venue; providing for medical
9 professional liability insurance; establishing the Medical
10 Care Availability and Reduction of Error Fund; providing for
11 medical professional liability claims; establishing the Joint
12 Underwriting Association; regulating medical professional
13 liability insurance; providing for medical licensure
14 regulation; providing for administration; imposing penalties;
15 and making repeals," further providing for Pennsylvania
16 Professional Liability Joint Underwriting Association
17 responsibilities.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 732 of the act of March 20, 2002
21 (P.L.154, No.13), known as the Medical Care Availability and
22 Reduction of Error (Mcare) Act, is amended to read:
23 Section 732. Medical professional liability insurance.
24 (a) Insurance.--The joint underwriting association shall
25 offer medical professional liability insurance to health care
1 providers and professional corporations, professional
2 associations and partnerships which are entirely owned by health
3 care providers who cannot conveniently obtain medical
4 professional liability insurance through ordinary methods at
5 rates not in excess of those applicable to similarly situated
6 health care providers, professional corporations, professional
7 associations or partnerships.
8 (b) Requirements.--The joint underwriting association shall
9 ensure that the medical professional liability insurance it
10 offers does all of the following:
11 (1) Is conveniently and expeditiously available to all
12 health care providers required to be insured under section
13 711.
14 (2) Is subject only to the payment or provisions for
15 payment of the premium.
16 (3) Provides reasonable means for the health care
17 providers it insures to transfer to the ordinary insurance
18 market.
19 (4) Provides sufficient coverage for a health care
20 provider to satisfy its insurance requirements under section
21 711 on reasonable and not unfairly discriminatory terms.
22 (5) Permits a health care provider to finance its
23 premium or allows installment payment of premiums subject to
24 customary terms and conditions.
25 (6) Represents the average cost of the premium offered
26 in the ordinary insurance market plus no more than 35% of
27 that premium.
28 Section 2. This act shall take effect in 60 days.
H16L40BIL/20020S1595B2454 - 2 -