1Amending the act of March 20, 2002 (P.L.154, No.13), entitled
2"An act reforming the law on medical professional liability;
3providing for patient safety and reporting; establishing the
4Patient Safety Authority and the Patient Safety Trust Fund;
5abrogating regulations; providing for medical professional
6liability informed consent, damages, expert qualifications,
7limitations of actions and medical records; establishing the
8Interbranch Commission on Venue; providing for medical
9professional liability insurance; establishing the Medical
10Care Availability and Reduction of Error Fund; providing for
11medical professional liability claims; establishing the Joint
12Underwriting Association; regulating medical professional
13liability insurance; providing for medical licensure
14regulation; providing for administration; imposing penalties;
15and making repeals," establishing the Mcare Commission.

16The General Assembly of the Commonwealth of Pennsylvania
17hereby enacts as follows:

18Section 1. The act of March 20, 2002 (P.L.154, No.13), known
19as the Medical Care Availability and Reduction of Error (Mcare)
20Act, is amended by adding a section to read:

21Section 5103.2. Mcare Commission.

22(a) Establishment.--There is established the Mcare
23Commission.

24(b) Composition.--The Mcare Commission shall consist of the

1following members:

2(1) One member appointed by the Governor.

3(2) One member appointed by the President pro tempore of
4the Senate.

5(3) One member appointed by the Minority Leader of the
6Senate.

7(4) One member appointed by the Speaker of the House of
8Representatives.

9(5) One member appointed by the Minority Leader of the
10House of Representatives.

11(6) Three members of the medical community in this
12Commonwealth, appointed by the Governor from individuals
13formally recommended by the Pennsylvania Medical Society.

14(7) Two members who are hospital administrators in this
15Commonwealth, appointed by the Governor from individuals
16recommended by the Hospital and Healthsystem Association of
17Pennsylvania.

18(8) One Pennsylvania student from an accredited
19Pennsylvania Medical College.

20(c) Powers and duties.--Notwithstanding this act or any
21other law and on and after the effective date of this section,
22the commission shall review all funding which emanates from the
23Medical Care Availability and Reduction of Error (Mcare) Fund.
24No funding shall emanate from the fund unless approved by a
25majority of the commission.

26Section 2. This act shall take effect in 60 days.