Pennsylvania Statutes Title 35 P.S. Health and Safety § 449.93. Payment policy for preventable serious adverse events

(a) General rule.--A health care provider may not knowingly seek payment from a health payor or patient:

(b) Refunds.--A health care provider who discovers that payment has unknowingly been sought for a preventable serious adverse event or services required to correct or treat the problem created by such an event shall immediately notify the health payor, or patient and shall refund any payment received within 30 days of discovery or receipt of payment, whichever is later.

(c) Notification.--A health payor who discovers that payment has been sought for a preventable serious adverse event or services required to correct or treat a problem created by such an event shall notify the health care provider that payment may not be sought for such an event or services and that payment shall not be made for such events or services.

(d) Liability.--Any information provided to any health payor or health care provider, in compliance with subsections (b) and (c), shall not be discoverable or admissible in any civil or administrative action related to the act of March 20, 2002 (P.L. 154, No. 13),  1 known as the Medical Care Availability and Reduction of Error (Mcare) Act.

(e) Applicability.--The provisions of this section shall apply to a nursing facility upon publication of the preventable serious adverse events bulletin for nursing facilities under section 4(d). 2