PRINTER'S NO. 84
No. 89 Session of 1999
INTRODUCED BY BELL, TILGHMAN, BELAN, CONTI, KASUNIC, BOSCOLA AND THOMPSON, JANUARY 8, 1999
REFERRED TO JUDICIARY, JANUARY 8, 1999
AN ACT 1 Authorizing suit against providers of employer-sponsored health 2 insurance plans in certain cases. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the HMO Medical 7 Malpractice Liability Act. 8 Section 2. Suit authorized. 9 Notwithstanding any other provision of Federal or State law, 10 including, but not limited to, the Employee Retirement Income 11 Security Act of 1974 (Public Law 93-406, 88 Stat. 829), a 12 Pennsylvania resident may file suit for damages against an HMO, 13 a PPO or any other type of provider of an employer-sponsored 14 health insurance plan for medical malpractice if payment for a 15 course of treatment prescribed as medically necessary by the 16 person's treating physician is denied by the health insurance 17 plan and the patient thereby consequentially suffers injury,
1 aggravation of an existing condition or death as a result of the 2 denial. 3 Section 3. Effective date. 4 This act shall take effect in 60 days. L11L40JS/19990S0089B0084 - 2 -