Pennsylvania High Court Overturns Malpractice Fund Ruling

March 2, 2012

Pennsylvania’s highest court is handing the Corbett administration a major victory in a dispute over a malpractice insurance fund.

The state Supreme Court’s Wednesday decision overturned a Commonwealth Court ruling ordering the state to transfer hundreds of millions from its general fund to resolve lawsuits filed by doctors and hospitals.

The ruling involves a state program, financed by assessments on health-care providers, that covers damages exceeding their basic malpractice coverage.

Lawmakers created a separate fund containing tax revenues to help finance the program between 2003 and 2007. Not all the money was needed and more than $700 million was transferred to help balance the state budget in 2009.

The provider groups said the money should have gone back into the malpractice fund. The justices ruled there is no such requirement.

Topics Pennsylvania

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Latest Comments

  • March 2, 2012 at 6:21 pm
    Ins Guy says:
    I think as a taxpayer, you'd want/require this money back. Seems to me, when the fund was initially set-up it needed an immediate (& temporary) initial infusion of capita... read more
  • March 2, 2012 at 3:16 pm
    Expert says:
    So now we find we have one more way for the government to "appropriate" monies it holds for one thing, so it may be used for somthing entirely outside of the purview of the or... read more

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