ACT 88 - MEDICAL CARE AVAILABILITY AND REDUCTION OF ERROR (MCARE) ACT - OMNIBUS
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 for the Patient Safety Authority; reestablishing the Health Care Provider Retention Program and the Health Care Provider Retention Account; establishing the Commission on the Mcare Fund; and repealing provisions relating to the Health Care Provider Retention Program and the Health Care Provider Retention Account in the Public Welfare Code. 

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 303(a) of 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 and the section is amended by adding a subsection to read: Section 303. Establishment of Patient Safety Authority. (a) Establishment.--There is established a body corporate and politic to be known as the Patient Safety Authority , which shall be an independent agency . The powers and duties of the authority shall be vested in and exercised by a board of directors , which shall have the sole power under section 304(a) to employ staff, including an executive director, legal counsel, consultants or any other staff deemed necessary by the authority. Individuals employed by the authority as staff shall be deemed employees of the Commonwealth for the purpose of participation in the Pennsylvania Employee Benefit Trust Fund .

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