HB 1641 — An Act amending the act of March 20, 2002 (P.L.154, No.13), known as the Medical Care Availability and Reduction of Error (Mcare) Act, in insurance, providing for adverse actions against legal reproductive health care.

PRINTER'S NO.   1991

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1641
                                               Session of
                                                 2025

     INTRODUCED BY DALEY, SHUSTERMAN, OTTEN, HILL-EVANS, RIVERA,
        SANCHEZ, WAXMAN, SCHLOSSBERG, HOWARD, VENKAT, PROBST, PIELLI,
        GUENST, ISAACSON, HOHENSTEIN, D. WILLIAMS, BRENNAN AND
        BOROWSKI, JUNE 23, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, JUNE 23, 2025


                                    AN ACT
 1   Amending the act of March 20, 2002 (P.L.154, No.13), entitled
 2      "An act reforming the law on medical professional liability;
 3      providing for patient safety and reporting; establishing the
 4      Patient Safety Authority and the Patient Safety Trust Fund;
 5      abrogating regulations; providing for medical professional
 6      liability informed consent, damages, expert qualifications,
 7      limitations of actions and medical records; establishing the
 8      Interbranch Commission on Venue; providing for medical
 9      professional liability insurance; establishing the Medical
10      Care Availability and Reduction of Error Fund; providing for
11      medical professional liability claims; establishing the Joint
12      Underwriting Association; regulating medical professional
13      liability insurance; providing for medical licensure
14      regulation; providing for administration; imposing penalties;
15      and making repeals," in insurance, providing for adverse
16      actions against legal reproductive health care.
17      The General Assembly of the Commonwealth of Pennsylvania
18   hereby enacts as follows:
19      Section 1.    The act of March 20, 2002 (P.L.154, No.13), known
20   as the Medical Care Availability and Reduction of Error (Mcare)
21   Act, is amended by adding a section to read:
22   Section 747.1.    Adverse actions against legal reproductive
23               health care.
24      (a)   Prohibition.--An insurer providing medical professional
 1   liability insurance shall be prohibited from taking an adverse
 2   action against a health care provider solely on the basis that
 3   the health care provider provides reproductive health care
 4   services that are permitted under the laws of this Commonwealth
 5   on an out-of-State patient. This subsection shall apply to a
 6   health care provider that prescribes medication permitted under
 7   the laws of this Commonwealth to terminate a pregnancy to an
 8   out-of-State patient by means of telemedicine.
 9      (b)   Definitions.--As used in this section, the following
10   words and phrases shall have the meanings given to them in this
11   subsection unless the context clearly indicates otherwise:
12      "Adverse action."    The term includes any of the following:
13            (1)   Refusing to renew or execute a contract or an
14      agreement with a health care provider.
15            (2)   Making a report to an appropriate private or
16      governmental entity regarding the practices of the health
17      care provider which may violate laws relating to reproductive
18      health care services in other states.
19            (3)   Increasing a charge for or reducing or making
20      another adverse or unfavorable change in the terms of
21      coverage or amount for a medical professional liability
22      contract or agreement with a health care provider.
23      "Reproductive health care services."     Medical, surgical,
24   counseling or referral services relating to the human
25   reproductive system, including services relating to pregnancy,
26   contraception or the termination of pregnancy.
27      Section 2.    This act shall take effect in 60 days.




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