Pennsylvania Act 2006-128 — MEDICAL CARE AVAILABILITY AND REDUCTION OF ERROR (MCARE) ACT - DEFINITION OF "EMERGENCY PHYSICIAN" IN HEALTH CARE RETENTION PROGRAM, ABATEMENT PROGRAM AND EXPIRATION

Act text

MEDICAL CARE AVAILABILITY AND REDUCTION OF ERROR (MCARE) ACT - DEFINITION
   OF "EMERGENCY PHYSICIAN" IN HEALTH CARE RETENTION PROGRAM, ABATEMENT
                          PROGRAM AND EXPIRATION
                 Act of Oct. 27, 2006, P.L. 1198, No. 128             Cl. 40
                             Session of 2006
                               No. 2006-128

     SB 972

                                  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," further providing, in Health Care
        Provider Retention Program, for the definition of "emergency
        physician," for abatement program and for expiration.

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

        Section 1.  The definition of "emergency physician" in
     section 1101 of the act of March 20, 2002 (P.L.154, No.13),
     known as the Medical Care Availability and Reduction of Error
     (Mcare) Act, added December 22, 2005 (P.L.458, No.88), is
     amended to read:
      Section 1101.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        * * *
        "Emergency physician."  A physician who is certified by the
     American Board of Emergency Medicine or by the American
     Osteopathic Board of Emergency Medicine and who is either
     employed full time by a trauma center or a hospital for the
     performance of services in the hospital emergency department or
     is working under an exclusive contract with a trauma center or a
     hospital for the performance of services in the hospital
     emergency department.
        * * *
        Section 2.  Sections 1102 and 1115 of the act, added December
     22, 2005 (P.L.458, No.88), are amended to read:
      Section 1102.  Abatement program.
        (a)  Establishment.--There is hereby established within the
     Insurance Department a program to be known as the Health Care
     Provider Retention Program. The Insurance Department, in
     conjunction with the Department of Public Welfare, shall
     administer the program. The program shall provide assistance in
     the form of assessment abatements to health care providers for
     calendar years 2003, 2004, 2005 [and], 2006[,] and 2007, except
     that licensed podiatrists shall not be eligible for calendar
     years 2003 and 2004, and nursing homes shall not be eligible for
     calendar years 2003, 2004 and 2005.
        (b)  Other abatement.--Emergency physicians not employed full
     time by a trauma center or working under an exclusive contract
     with a trauma center shall retain eligibility for an abatement
     pursuant to section 1104(b)(2) for calendar years 2003, 2004,
     2005 and 2006. Commencing in calendar year 2007, these emergency
     physicians shall be eligible for an abatement pursuant to
     section 1104(b)(1).
      Section 1115.  Expiration.
        The Health Care Provider Retention Program established under
     this chapter shall expire December 31, [2007] 2008.
        Section 3.  This act shall take effect as follows:
            (1)  The amendment of the definition of "emergency
        physician" in section 1101 and the addition of section
        1102(b) of the act shall take effect January 1, 2007.
            (2)  The remainder of this act shall take effect
        immediately.

     APPROVED--The 27th day of October, A. D. 2006.

     EDWARD G. RENDELL