Pennsylvania Legislation

MCARE

The Medical Care Availability and Reduction of Error Act (MCARE) of 2002 contains meaningful medical liability reforms, a major patient safety initiative and significant reforms to the Medical Professional Liability Catastrophe Loss Fund (CAT Fund).

Medical Liability Reforms

The medical liability reforms include collateral source offset for payments made before trial, mandatory periodic payment of future medical expenses attaching at $100,000, reduction to present value of future damages for loss of earnings or earning capacity, expert witness qualifications and mandatory insurance limits decrease to $1 million per occurrence/$3 million annual aggregate effective January 1, 2003.

Patient Safety Reforms

The Patient Safety Authority (PSA) was established in MCARE and is charged with taking steps to reduce and eliminate medical errors by identifying problems and recommending solutions that promote patient safety in hospitals, ambulatory surgical facilities and birthing centers.

CAT Fund (now Mcare Fund)

Mcare immediately gave the Insurance Department responsibility for the CAT Fund, now known as the Mcare Fund.