Home Table of Contents

§ 1303.713. Administration of fund

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 40 P.S. InsuranceEffective: March 20, 2002

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 40 P.S. Insurance (Refs & Annos)
Chapter 5C. Medical Care Availability and Reduction of Error (Mcare) Act (Refs & Annos)
Chapter 7. Insurance (Refs & Annos)
Subchapter B. Fund (Refs & Annos)
Effective: March 20, 2002
40 P.S. § 1303.713
§ 1303.713. Administration of fund
(a) General rule.--The fund shall be administered by the department. The department shall contract with an entity or entities for the administration of claims against the fund in accordance with 62 Pa.C.S. (relating to procurement), and, to the fullest extent practicable, the department shall contract with entities that:
(1) Are not writing, underwriting or brokering medical professional liability insurance for participating health care providers; however, the department may contract with a subsidiary or affiliate of any writer, underwriter or broker of medical professional liability insurance.
(2) Are not trade organizations or associations representing the interests of participating health care providers in this Commonwealth.
(3) Have demonstrable knowledge of and experience in the handling and adjusting of professional liability or other catastrophic claims.
(4) Have developed, instituted and utilized best practice standards and systems for the handling and adjusting of professional liability or other catastrophic claims.
(5) Have demonstrable knowledge of and experience with the professional liability marketplace and the judicial systems of this Commonwealth.
(b) Reinsurance.--The department may purchase, on behalf of and in the name of the fund, as much insurance or reinsurance as is necessary to preserve the fund or retire the liabilities of the fund.
(c) Transfers.--The Governor may transfer to the fund from the Catastrophic Loss Benefits Continuation Fund, or such other funds as may be appropriate, such money as is necessary in order to pay the liabilities of the fund until sufficient revenues are realized by the fund. Any transfer made under this subsection shall be repaid with interest pursuant to section 2 of the act of August 22, 1961 (P.L. 1049, No. 479),1 entitled “An act authorizing the State Treasurer under certain conditions to transfer sums of money between the General Fund and certain funds and subsequent transfers of equal sums between such funds, and making appropriations necessary to effect such transfers.”
(d) Confidentiality.--Information provided to the department or maintained by the department regarding a claim or adjustments to an individual participating health care provider's assessment shall be confidential, notwithstanding the act of June 21, 1957 (P.L. 390, No. 212),2 referred to as the Right-to-Know Law, or 65 Pa.C.S. Ch. 73 (relating to open meetings).

Credits

2002, March 20, P.L. 154, No. 13, § 713, imd. effective.

Footnotes

72 P.S. § 3612.
65 P.S. § 66.1 et seq. (repealed); see 65 P.S. § 67.101 et seq.
65 Pa.C.S.A. § 701.
40 P.S. § 1303.713, PA ST 40 P.S. § 1303.713
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
End of Document