Section 10228.3 - Benevolent gesture by health care provider, assisted living residence or ostensible agent(a)Scope.--This section applies to any benevolent gesture made prior to the commencement of a medical professional liability action, administrative action, mediation or arbitration:(1) By a health care provider or an officer, employee or agent of a health care provider, to a patient or resident or the patient's or resident's relative or representative regarding the patient's or resident's discomfort, pain, suffering, injury or death, regardless of the cause, resulting from any treatment, consultation, care or service or omission of treatment, consultation, care or service provided by the health care provider, assisted living residence or its employees, agents or contractors; or(2) By an assisted living residence or an officer, employee or agent of an assisted living residence to a patient or resident or the patient's or resident's relative or representative regarding the patient's or resident's discomfort, pain, suffering, injury or death, regardless of the cause, resulting from any treatment, consultation, care or service or omission of treatment, consultation, care or service provided by the health care provider, assisted living residence or its employees, agents or contractors.(b) Admissibility.--(1) Except as set forth in paragraph (2), any benevolent gesture described in subsection (a) shall be inadmissible as evidence of liability.(2) Notwithstanding any other provision of this act relating to benevolent gestures, paragraph (1) shall not apply to a communication, including an excited utterance, which also includes a statement or statements of negligence or fault pertaining to an accident or event.(c) Applicability.--This section shall apply to actions commenced after the effective date of this section.Added by P.L. 665 2013 No. 79, § 3, eff. 12/24/2013.