Lawsuit Abuse Reform

It’s time to end Lawsuit Abuse in Pennsylvania! We need you to contact your state Representative TODAY and ask them to support House Bill 1037! 

Click Here to Take Action!!!

Members of the state House of Representatives are back in their districts in early May. We need your help to ensure House leadership will make House Bill 1037 a priority.

PHCA and our members have been working to enact meaningful lawsuit abuse reform legislation in Pennsylvania since 2011, and we truly believe that now is the time. There have always been strong supporters and strong detractors—the fight for reform has been a bitter one, and it’s only going to get more hostile.

The reason we’re contacting you is to ask for your help in continuing the grassroots campaign in support of HB 1037.

We are urging administrators, RNs, LPNs, other staff, residents and residents’ families in every facility in Pennsylvania to contact their state Representative to ask for their support for House Bill 1037.

Click here to send an email to your state Representative asking for their support.

In case your legislator reaches out to you, below are the key talking points for this legislation:

  • On behalf of my facility, my staff, my residents and the families of those residents, I am asking you to support House Bill 1037, which is now awaiting a vote on2nd consideration.
  • House Bill 1037 would limit punitive damages to 250% of the amount of compensatory damages for long-term care providers, including my facility, which is a (nursing facility, personal care home or assisted living residence).
  • Doctors have had caps on punitive damages at 200% of the amount of compensatory damages in Pennsylvania since 2002. We are simply asking for similar protections for long-term care facilities.
  • Why do we need these protections? We are under attack from predatory, out-of-state law firms who advertise in newspapers across the state, trolling for clients. There are primarily two law firms that have targeted our sector: Wilkes & McHugh, which is based in Florida, and Reddick Moss, which is based in Arkansas. These law firms advertise in newspapers, file frivolous lawsuits and, in every single case, ask for punitive damages. We have no choice but to settle every case for fear of punitive damage awards.
  • And our liability costs, which defend against these predatory firms, continue to rise. Pennsylvania’s Medicaid program spends more than $104 million on liability-related costs every year, and much of that goes to contingency fees to out-of-state, predatory lawyers. Those Medicaid dollars should be used to provide quality care to our residents. Instead, they go straight into the pockets of out-of-state lawyers.
  • In fact, there are some long-term care providers in Pennsylvania that now spend more on defending these lawsuits than on food for their residents.
  • We need your support on House Bill 1037, and we need this bill to receive a 2nd consideration vote as soon as possible!

If you need additional information, or if you’d like a copy of an ad that was placed in your local newspaper, please email Zach Shamberg, our Director of Advocacy and Legislative Affairs, at or call him at 717-585-3134.

Our fight for lawsuit abuse reform is going statewide, and we need your help! Every member of the House of Representatives MUST have the chance to vote for or against our bill on the House floor. We need their support now more than ever.

Thank you for all that you do, and we look forward to the results of your advocacy. Again, if you have any questions, or if you need additional information, please reach out to Zach. Thanks!

W. Russell McDaid
PHCA President and CEO

Issue Briefs

Lawsuit Abuse Reform

Skilled nursing facilities, personal care homes and assisted living facilities are under attack from predatory, out-of-state lawyers. Lawsuit abuse reform must be enacted in the 2017-18 legislative session to combat these attorneys and keep Medicaid dollars where they belong: at resident bedside in Pennsylvania.

June 2018

Nursing Facility Research

2014 Long Term Care General Liability and Professional Liability Actuarial Analysis

Aon Global Risk Consulting report indicating liability costs continue to rise for long-term care facilities. The 2014 analysis provides estimates of loss rates, or the cost of liability to the beds that care providers operate.

November 2014
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