Bill Text: PA HR110 | 2011-2012 | Regular Session | Introduced

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Bill Title: Directing the Legislative Budget and Finance Committee to conduct a study of the Medical Care Availability and Reduction of Error Fund administered by the Insurance Department.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-03-03 - Referred to INSURANCE [HR110 Detail]

Download: Pennsylvania-2011-HR110-Introduced.html

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PRINTER'S NO. 962
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No. 110 Session of2011
INTRODUCED BY MICOZZIE, DeLUCA, GRELL, GROVE, FABRIZIO, BENNINGHOFF, CALTAGIRONE, CLYMER, GEIST, GINGRICH, HORNAMAN, JOSEPHS, KORTZ, LONGIETTI, MILLER, MILNE, MOUL, MUNDY, READSHAW, STURLA AND VULAKOVICH, MARCH 3, 2011
REFERRED TO COMMITTEE ON INSURANCE, MARCH 3, 2011
A RESOLUTION
Directing the Legislative Budget and Finance Committee to
conduct a study of the Medical Care Availability and
Reduction of Error Fund administered by the Insurance
Department.
WHEREAS, The Medical Care Availability and Reduction of Error
Fund (Mcare Fund) was established by act of March 20, 2002
(P.L.154, No.13), known as the Medical Care Availability and
Reduction of Error (Mcare) Act; and
WHEREAS, The Mcare Fund is the successor to the Medical
Professional Liability Catastrophe Loss Fund, better known as
the CAT Fund, which was established by section 701 of the former
act of October 15, 1975 (P.L.390, No.111), known as the Health
Care Services Malpractice Act, and began to accept coverage and
accrue unreserved liabilities starting in 1976; and
WHEREAS, The Mcare Fund is a special fund within the State
Treasury established to ensure reasonable compensation for
persons injured due to medical negligence; and
WHEREAS, Money in the Mcare Fund is used to pay claims
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against participating health care providers and eligible
entities for losses or damages awarded in medical professional
liability actions in excess of basic insurance coverage (primary
coverage) provided by primary professional liability insurance
companies (primary carriers) or self-insurers; and
WHEREAS, The Mcare Fund is funded by an assessment on each
participating health care provider; therefore be it
RESOLVED, That the House of Representatives direct the
Legislative Budget and Finance Committee to conduct a study of
the Mcare Fund to ascertain its policies and procedures to
ensure the availability and accessibility of affordable medical
professional liability coverage; and be it further
RESOLVED, That the committee's report include an evaluation
of the Mcare Fund's operations by examining Mcare Fund
operations and expenses, claims resolution practices and
appropriate coordination with primary coverage insurers or self-
insured plans and excess coverage insurers, Mcare Fund practices
in connection with collection and remittance of assessments from
health care providers, manner of selecting defense counsel
regardless of whether selected by the Mcare Fund, the Insurance
Department, the Office of General Counsel or otherwise and the
cost of defense counsel, responsiveness to inquiries regarding
the Mcare Fund's policies and procedures, reliability and
appropriateness of the Mcare assessments among various health
care provider types, specialties and geographic locations and
validity and reliability of Mcare Fund data in determining the
number of actively practicing physicians in this Commonwealth;
and be it further
RESOLVED, That the committee report its findings to the Chief
Clerk of the House of Representatives no later than nine months
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after adoption of the resolution.
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