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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MICOZZIE, DeLUCA, FABRIZIO, CALTAGIRONE, GINGRICH, HORNAMAN, KORTZ, LONGIETTI, MILNE, MUNDY, READSHAW, STURLA AND VULAKOVICH, MARCH 3, 2011 |
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| REFERRED TO COMMITTEE ON INSURANCE, MARCH 3, 2011 |
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| AN ACT |
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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," in insurance, further providing for the |
16 | Medical Care Availability and Reduction of Error Fund. |
17 | The General Assembly of the Commonwealth of Pennsylvania |
18 | hereby enacts as follows: |
19 | Section 1. Section 712 of the act of March 20, 2002 |
20 | (P.L.154, No.13), known as the Medical Care Availability and |
21 | Reduction of Error (Mcare) Act, is amended by adding a |
22 | subsection to read: |
23 | Section 712. Medical Care Availability and Reduction of Error |
24 | Fund. |
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1 | * * * |
2 | (d.1) Collection and payment.-- |
3 | (1) The basic insurance coverage insurer shall bill and |
4 | collect the assessment under subsection (d). The following |
5 | deadlines apply unless the department grants an extension by |
6 | notice in the Pennsylvania Bulletin: |
7 | (i) The basic insurance coverage insurer shall be |
8 | sent within 30 days of the inception date or renewal |
9 | date, as applicable, of the policy. |
10 | (ii) The health care provider shall pay the |
11 | assessment within the later of: |
12 | (A) 60 days of the inception date or renewal |
13 | date, as applicable, of the policy; or |
14 | (B) 30 days of receipt of the bill. |
15 | (iii) The basic insurance coverage insurer shall |
16 | remit the assessment to the fund within the later of: |
17 | (A) 60 days of the inception date or renewal |
18 | date, as applicable, of the policy; or |
19 | (B) 30 days of receipt of payment. |
20 | (3) A health care provider must comply with paragraph |
21 | (1)(ii) in order to receive basic insurance coverage. |
22 | (4) Failure to remit under paragraph (3)(iii) does not |
23 | affect basic insurance coverage. |
24 | * * * |
25 | Section 2. This act shall take effect in 60 days. |
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