H2198B3320A05165 LKK:CDM 06/25/24 #90 A05165
AMENDMENTS TO HOUSE BILL NO. 2198
Sponsor: REPRESENTATIVE OBERLANDER
Printer's No. 3320
Amend Bill, page 1, line 2, by inserting after "Statutes,"
in original jurisdiction and venue of courts of common pleas
and in preliminary provisions on actions, reenacting
provisions relating to venue in medical professional
liability actions; and,
Amend Bill, page 1, lines 9 and 10, by striking out all of
said lines and inserting
Section 1. Sections 931(c) and 5101.1 of Title 42 of the
Pennsylvania Consolidated Statutes are reenacted to read:
§ 931. Original jurisdiction and venue.
* * *
(c) Venue and process.--Except as provided by section 5101.1
(relating to venue in medical professional liability actions)
and Subchapter B of Chapter 85 (relating to actions against
Commonwealth parties), the venue of a court of common pleas
concerning matters over which jurisdiction is conferred by this
section shall be as prescribed by general rule. The process of
the court shall extend beyond the territorial limits of the
judicial district to the extent prescribed by general rule.
Except as otherwise prescribed by general rule, in a proceeding
to enforce an order of a government agency the process of the
court shall extend throughout this Commonwealth.
§ 5101.1. Venue in medical professional liability actions.
(a) Declaration of policy.--In accordance with section
514(a) of the act of March 20, 2002 (P.L.154, No.13), known as
the Medical Care Availability and Reduction of Error (Mcare)
Act, and as a matter of public policy, the General Assembly
further declares the need to change the venue requirements for
medical professional liability actions.
(b) General rule.--Notwithstanding any other provision to
the contrary, a medical professional liability action may be
brought against a health care provider for a medical
professional liability claim only in the county in which the
cause of action arose.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
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"Birth center." An entity licensed as a birth center under
the act of July 19, 1979 (P.L.130, No.48), known as the Health
Care Facilities Act.
"Health care provider." A primary health care center, a
personal care home licensed by the Department of Public Welfare
pursuant to the act of June 13, 1967 (P.L.31, No.21), known as
the Public Welfare Code, or a person, including a corporation,
university or other educational institution licensed or approved
by the Commonwealth to provide health care or professional
medical services as a physician, a certified nurse midwife, a
podiatrist, hospital, nursing home, birth center, and an
officer, employee or agent of any of them acting in the course
and scope of employment.
"Hospital." An entity licensed as a hospital under the act
of June 13, 1967 (P.L.31, No.21), known as the Public Welfare
Code, or the act of July 19, 1979 (P.L.130, No.48), known as the
Health Care Facilities Act.
"Medical professional liability action." Any proceeding in
which a medical professional liability claim is asserted,
including an action in a court of law or an arbitration
proceeding.
"Medical professional liability claim." Any claim seeking
the recovery of damages or loss from a health care provider
arising out of any tort or breach of contract causing injury or
death resulting from the furnishing of health care services
which were or should have been provided.
"Nursing home." An entity licensed as a nursing home under
the act of July 19, 1979 (P.L.130, No.48), known as the Health
Care Facilities Act.
"Primary health care center." A community-based nonprofit
corporation meeting standards prescribed by the Department of
Health which provides preventive, diagnostic, therapeutic and
basic emergency health care by licensed practitioners who are
employees of the corporation or under contract to the
corporation.
Section 1.1. Section 6152(a)(2) of Title 42 is amended to
read:
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