PRINTER'S NO. 696
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
747
Session of
2023
INTRODUCED BY ECKER, PICKETT, MOUL, JAMES, IRVIN, GROVE, HAMM,
KAUFFMAN, MENTZER AND GUENST, MARCH 28, 2023
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 28, 2023
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in organization of
appellate courts, further providing for reassignment of
matters; and, in organization and jurisdiction of courts of
common pleas, further providing for original jurisdiction and
venue.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 503(a) and 931 of Title 42 of the
Pennsylvania Consolidated Statutes are amended to read:
ยง 503. Reassignment of matters.
(a) General rule.--[The] Except for medical professional
liability causes of action for which subject matter jurisdiction
is determined under section 931(a.1) (relating to original
jurisdiction and venue), the Supreme Court may by general rule
provide for the assignment and reassignment of classes of
matters among the several courts of this Commonwealth and the
magisterial district judges as the needs of justice shall
require and all laws shall be suspended to the extent that they
are inconsistent with such general rules.
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ยง 931. Original jurisdiction and venue.
(a) General rule.--Except as provided in subsection (a.1) or
where exclusive original jurisdiction of an action or proceeding
is by statute or by general rule adopted pursuant to section 503
(relating to reassignment of matters) vested in another court of
this Commonwealth, the courts of common pleas shall have
unlimited original jurisdiction of all actions and proceedings,
including all actions and proceedings heretofore cognizable by
law or usage in the courts of common pleas.
(a.1) Medical professional liability actions.--
(1) Subject to paragraphs (2) and (3), the court of
common pleas of the county in which the cause of action arose
shall have exclusive subject matter jurisdiction of a medical
professional liability action asserting a medical
professional liability claim against a health care provider.
(2) If the cause of action in a medical professional
liability action arose in more than one county, exclusive
subject matter jurisdiction of the action is vested in the
court of common pleas of any of the counties in which the
medical professional liability action arose.
(3) If the action to enforce a joint or joint and
several liability against two or more health care providers
includes one or more medical professional liability claims,
the action must be brought in any county in which the venue
may be laid against any defendant under this subsection. This
paragraph does not apply to a cause of action that arises
outside this Commonwealth.
(b) Concurrent and exclusive jurisdiction.--The jurisdiction
of the courts of common pleas under [this section] subsection
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(a.1) shall be exclusive. In all other cases, the jurisdiction
of the courts of common pleas shall be exclusive, except with
respect to actions and proceedings concurrent jurisdiction of
which is by statute or by general rule adopted pursuant to
section 503 vested in another court of this Commonwealth or in
the magisterial district judges.
(c) Venue and process.--Except [as provided by section
5101.1 (relating to venue in medical professional liability
actions) and] for cases that include medical professional
liability claims, with respect to which subject matter
jurisdiction is limited under subsection (a.1) and as provided
by Subchapter B of Chapter 85 (relating to actions against
Commonwealth parties), the venue of a court of common pleas
concerning matters over which jurisdiction is conferred by this
section shall be as prescribed by general rule. The process of
the court shall extend beyond the territorial limits of the
judicial district to the extent prescribed by general rule.
Except as otherwise prescribed by general rule, in a proceeding
to enforce an order of a government agency the process of the
court shall extend throughout this Commonwealth.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Birth center." An entity licensed as a birth center under
the act of July 19, 1979 (P.L.130, No.48), known as the Health
Care Facilities Act.
"Health care provider." A primary health care center, a
personal care home licensed by the Department of Human Services
under the act of June 13, 1967 (P.L.31, No.21), known as the
Human Services Code, or a person, including a corporation,
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university or other educational institution licensed or approved
by the Commonwealth to provide health care or professional
medical services as a physician, a certified nurse midwife, a
physician assistant, a nurse practitioner, a podiatrist,
hospital, nursing home, birth center and an officer, employee or
agent of any of them acting in the course and scope of
employment.
"Hospital." An entity licensed, certified, accredited,
authorized or approved as a hospital under the Human Services
Code or the Health Care Facilities Act.
"Medical professional liability action." A proceeding in
which a medical professional liability claim is asserted,
including an action in a court of law or an arbitration
proceeding.
"Medical professional liability claim." A claim seeking the
recovery of damages or loss from a health care provider arising
out of a tort or breach of contract causing injury or death
resulting from the furnishing of health care services that were
or should have been provided.
"Nursing home." An entity as defined as a nursing home under
section 1001 of the Human Services Code.
"Primary health care center." A community-based nonprofit
corporation meeting standards prescribed by the Department of
Health that provides preventive, diagnostic, therapeutic and
basic emergency health care by licensed practitioners who are
employees of the corporation or under contract to the
corporation.
Section 2. This act shall take effect in 60 days.
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