Bill Text: PA SB999 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for mandatory arbitration.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-03 - Referred to BANKING AND INSURANCE [SB999 Detail]

Download: Pennsylvania-2011-SB999-Introduced.html

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PRINTER'S NO. 1160
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 999 Session of2011
INTRODUCED BY STACK, EICHELBERGER, FOLMER AND FARNESE, MAY 3, 2011
REFERRED TO BANKING AND INSURANCE, MAY 3, 2011
AN ACT
Amending the act of March 20, 2002 (P.L.154, No.13), entitled
"An act reforming the law on medical professional liability;
providing for patient safety and reporting; establishing the
Patient Safety Authority and the Patient Safety Trust Fund;
abrogating regulations; providing for medical professional
liability informed consent, damages, expert qualifications,
limitations of actions and medical records; establishing the
Interbranch Commission on Venue; providing for medical
professional liability insurance; establishing the Medical
Care Availability and Reduction of Error Fund; providing for
medical professional liability claims; establishing the Joint
Underwriting Association; regulating medical professional
liability insurance; providing for medical licensure
regulation; providing for administration; imposing penalties;
and making repeals," providing for mandatory arbitration.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 20, 2002 (P.L.154, No.13), known
as the Medical Care Availability and Reduction of Error (Mcare)
Act, is amended by adding a section to read:
Section 513.1. Civil action.
(a) Arbitration.--If an action commenced against a health
care provider cannot be settled by the parties, then the parties
shall submit the case to mandatory arbitration under the
authority of the court of common pleas of the relevant
jurisdiction and venue. The arbitration panel shall consist of
three persons, selected randomly by the president judge. One of
the three shall be an attorney who practices law in the
jurisdiction of the court; one shall be a medical professional
who has a primary residence or practice of medicine in the
jurisdiction; and one shall be a senior judge from the
jurisdiction, or, if no such senior judge is available, shall be
a senior judge appointed by the Chief Justice of the Supreme
Court of Pennsylvania.
(b) Appeals from arbitration.--Arbitration awards and
allocation of financial responsibility among multiple defendants
may be appealed. An appeal does not stay an arbitration award
although an appellate court may issue an order to stay to
prevent manifest injustice. Any party to an arbitration
proceeding may enforce an arbitration award or an allocation of
financial responsibility by filing a petition in the court of
common pleas in which the arbitration took place.
(c) Arbitration awards.--A defendant is required to pay an
arbitration award within 20 days after the award of damages by
the arbitration panel, to include interest at the legal rate or
to submit any dispute among multiple defendants to arbitration.
Interest at the rate of 18% per year begins to accrue 90 days
after the award.
(d) Jury trial.--Arbitration is an alternative to trial but
does not supersede or eliminate the right of a party to present
its case at trial. The decision of an arbitration panel, as well
as the inability of an arbitration panel to reach a decision,
shall be introduced at trial either by the testimony of one of
the arbitrators or by stipulation of the parties. Damages at
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trial shall not be limited.
(e) Study.--Four years after the effective date of this
section, the Legislative Budget and Finance Committee shall
conduct a study of the effectiveness of the arbitration program
and shall report its findings to the Senate no later than five
years after the effective date of this section.
Section 2. This act shall apply to actions instituted on or
after the effective date of this act.
Section 3. Section 513.1 of the act shall expire five years
after its effective date.
Section 4. This act shall take effect immediately.
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