PRINTER'S NO. 164
No. 149 Session of 2003
INTRODUCED BY SOLOBAY, BELFANTI, BROWNE, BUNT, CRAHALLA, GEORGE,
HORSEY, PRESTON, ROONEY, THOMAS, WASHINGTON, DALEY, HARHAI,
PISTELLA, READSHAW, SAINATO, TIGUE AND YOUNGBLOOD,
FEBRUARY 6, 2003
REFERRED TO COMMITTEE ON INSURANCE, FEBRUARY 6, 2003
AN ACT
1 Amending the act of May 17, 1921 (P.L.682, No.284), entitled "An
2 act relating to insurance; amending, revising, and
3 consolidating the law providing for the incorporation of
4 insurance companies, and the regulation, supervision, and
5 protection of home and foreign insurance companies, Lloyds
6 associations, reciprocal and inter-insurance exchanges, and
7 fire insurance rating bureaus, and the regulation and
8 supervision of insurance carried by such companies,
9 associations, and exchanges, including insurance carried by
10 the State Workmen's Insurance Fund; providing penalties; and
11 repealing existing laws," adding provisions relating to
12 medical professional liability insurance coverage.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 1802 of the act of May 17, 1921 (P.L.682,
16 No.284), known as The Insurance Company Law of 1921, is amended
17 by adding definitions to read:
18 Section 1802. Definitions.--As used in this article, the
19 following words and phrases shall have the meanings given to
20 them in this section:
21 * * *
22 "Fund coverage limits." The coverage provided by the Medical
1 Care Availability and Reduction of Error Fund and its
2 predecessor, the Medical Professional Catastrophe Loss Fund.
3 * * *
4 "Mcare Fund." The Medical Care Availability and Reduction of
5 Error (Mcare) Fund established under section 712 of the act of
6 March 20, 2002 (P.L.154, No.13), known as the "Medical Care
7 Availability and Reduction of Error (Mcare) Act," and its
8 predecessor, the act of October 15, 1975 (P.L.390, No.111),
9 known as the "Health Care Services Malpractice Act."
10 "Medical professional liability insurance." Insurance
11 against liability on the part of a health care provider arising
12 out of any tort or breach of contract causing injury or death
13 resulting from the furnishing of medical services which were or
14 should have been provided.
15 * * *
16 Section 2. The act is amended by adding a section to read:
17 Section 1821. Special Provisions Relating to Claims Against
18 Parties Insured by Certain Medical Professional Liability
19 Insurance Companies.--Notwithstanding the provisions of this act
20 or any other act to the contrary, the following terms shall
21 apply to parties that were insured by a medical professional
22 liability insurance company that was declared to be an insolvent
23 insurance company and were liquidated by the Insurance
24 Commissioner after January 1, 2000, and before January 1, 2002:
25 (1) The Mcare Fund shall be liable for claims in excess of
26 three hundred thousand ($300,000) dollars up to the fund
27 coverage limits.
28 (2) The provisions of section 1816(b)(1) shall not apply to
29 these affected parties.
30 Section 3. This act shall take effect in 60 days.
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