Statement: PHCA responds to PA Supreme Court ruling reinstating venue shopping

Harrisburg, Pa. (August 25, 2022) –– The Pennsylvania Health Care Association – a statewide advocacy organization representing Pennsylvania’s most vulnerable residents and their providers of care – has issued the following statement in response to the Pennsylvania Supreme Court ‘s ruling to reinstate venue shopping for medical malpractice civil cases.

This statement can be attributed to Zach Shamberg, president and CEO of the Pennsylvania Health Care Association.

“The decision by the Pennsylvania Supreme Court to reverse the prohibition on ‘venue shopping’ in medical malpractice civil cases is a dramatic step backwards for all health care providers, and has the potential to disrupt the sustainability of long-term care services in this state.

“Prior to 2003 — and prior to the enactment of the MCARE Act — health care providers were fleeing Pennsylvania because they couldn’t afford to operate in a punitive legal environment with such high insurance premiums.

“Today’s decision will return us to those dark days for health care.

“It’s worth noting that nursing homes in Pennsylvania will receive an increase in Medicaid reimbursement rates beginning January 1, 2023. This is now the same day the Supreme Court has decided to create an avenue for those funds — intended for the care of seniors and adults with disabilities — to flow right into the hands of predatory law firms.

“At a time when we need to be addressing the access to care crisis in Pennsylvania, this decision will only exacerbate it.”