This is a summary of those bills that were enacted during 2007, and the status of other legislation pending before the legislature. Bills that are likely to receive action during 2008 or are of high priority to hospitals and health systems are indicated with a border.

Enacted into Law

Health Care-Associated Infections (Act 52) - Senate Bill 968 , the Health Care-Associated Infection Prevention and Control Act, was signed into law on July 20, 2007. The law requires use of the Centers for Disease Control and Prevention’s National Healthcare Safety Network, internet-based surveillance system as the primary framework for hospitals to report health care-associated infections to the Pennsylvania Department of Health, Pennsylvania Health Care Cost Containment Council, and the Patient Safety Authority. HAP supported the bill.

State Fiscal Code (Act 42) and State Budget (Act 8A) - House Bill 1286 and House Bill 1295 were signed into law implementing the state budget. The $27.2 billion state general fund spending package for fiscal year 2007-2008, a 4.4 percent total spending increase over 2007. The final budget package restored all of the Medical Assistance (MA) hospital payment cuts proposed by the Governor, and included new funds for obstetric services.

Scope of Practice - Six bills were signed into law that allow for the fullest use of non-physician practitioners including: physician assistants, nurse midwives, certified registered nurse practitioners, clinical nurse specialists, and dental hygienists. HAP supported the bills.

• Acts 46 and 47 - House Bill 1251 amends the Medical Practice Act and House Bill 1252 amends the Osteopathic Medical Practice Act further providing for physician assistants by adding that there would be no more than four physician assistants for whom a physician has responsibility or supervises under a collaborative or written agreement. The bill adds that a physician may apply for a waiver to employ or supervise more than four physician assistants at any time under this section for good cause, as determined by the board. In a health care facility licensed under the Health Care Facilities Act, the attending physician of record for a particular patient would act as the primary supervising physician for the physician assistant while that patient is under the care of the attending physician.
• Act 48 - House Bill 1253 amends the Professional Nursing Law to permit certified registered nurse practitioners to do all of the following: (1) Order home health and hospice care; (2) Order durable medical equipment; (3) Issue oral orders under the same conditions and in the same facilities as physicians are permitted to do; (4) Perform physical therapy and dietitian referrals; (5) make respiratory or occupational therapy referrals; (6) Perform disability assessments for the program providing TANF; (7) Issue home schooling certifications; and (8) Perform and sign the initial assessment of methadone treatment evaluations, provided that any order for methadone treatment would be made only by a physician. A certified registered nurse practitioner would be required to maintain a level of professional liability coverage as required for a nonparticipating health care provider under the Mcare Act, but would not be eligible to participate in the Mcare Fund.
• Act 49 - House Bill 1254 amends the Professional Nursing Law by stating that any person who holds a license to practice professional nursing in PA who meets the requirements to be a clinical nurse specialist would have the right to use the title “clinical nurse specialist” and the abbreviation “C.N.S.” No other person would have that right. The bill adds that the board may certify a licensed registered nurse as a clinical nurse specialist if the nurse satisfies the requirements established by the act. The bill also provides for the scope of practice for clinical nurse specialists, stating that nothing in this act would be construed to limit or prohibit a clinical nurse specialist from engaging in the activities, which normally constitute the practice of nursing. Within 90 days of the effective date of this subsection, the board would announce on its website the recognized national accrediting bodies for purposes of education of clinical nurse specialists.
• Act 50 -  House Bill 1255 amends the Medical Practice Act further providing for nurse-midwife license by stating that a nurse-midwife is authorized to practice midwifery pursuant to a collaborative agreement with a physician and regulations promulgated by the board, provided certain education standards are met. The legislation states that nurse-midwives who possess a master’s degree or its substantial equivalent and national certification may prescribe certain medication and to administer medical devices, immunizing agents, lab tests, and therapeutic, diagnostic, and preventative measures. The physician with whom a nurse-midwife has a collaborative agreement must have hospital clinical privileges in the specialty area of the care for which the physician is providing collaborative services. The bill also defines “legend drug” as a drug limited by the Federal Food, Drug, and Cosmetic Act to being dispensed by prescription; and the product label of which is required to contain the following statement: “Caution: Federal Law Prohibits Dispensing Without a Prescription.”
• Act 51 - Senate Bill 455 amends the Dental Law by stating that dental hygienists certified as public health dental hygiene practitioners may perform intra-oral procedures without the assignment of a dentist. The State Board of Dentistry would license as a dental hygienist, after examination, any qualified person who has obtained the required education from an approved institution or college that meets or exceeds the minimum standards established by an approved United States Department of Education-recognized regional accrediting agency or the American Dental Association Commission on Dental Accreditation. The legislation states that a public health dental hygiene practitioner may perform radiological procedures in any setting without supervision of a dentist. The bill defines “public health dental hygiene practitioner.” The bill also provides for continuing education, stating that a public health dental hygiene practitioner would be required to take five hours of public health-related courses.

Volunteer Health Services (Act 29) - The Governor signed Senate Bill 72 , sponsored by Senator Stewart Greenleaf (R-Montgomery). The bill adds that volunteer licensees who are physicians must complete a minimum of 20 credit hours of American Medical Association Physician’s Recognition Award Category 2 activities during the preceding biennial period as a condition of biennial renewal and are otherwise exempt from any continuing education requirements imposed by the Mcare Act. Retired physicians who hold an unrestricted license to practice medicine would complete the continuing education requirements of the licensing boards under Section 910 of Act 13 of 2002. HAP supported the bill.

Nursing Home Assessment (Act 16) - House Bill 1367 extends the nursing home assessment and rate methodology. The bill establishes a Senior Care and Services Study Commission that is responsible for projecting future needs for senior care services and making recommendations on how to meet those needs. The commission consists of 19 persons, including one individual representing hospital-based nursing facilities. HAP supported the bill.

Long-term Care (Act 40) - Senate Bill 548 , the Long-Term Care Partnership Program, sponsored by Senator Jake Corman (R-Centre), establishes a program to reduce future Medicaid costs for long-term care by delaying or eliminating dependence on Medicaid by providing incentives for individuals to insure against the potentially substantial costs that arise upon the need for long-term care. The program would be administered by the Department of Public Welfare in accordance with the requirements for qualified state long-term care insurance partnerships. HAP supported the bill.

Blood Donations by Minors (Act 63) - House Bill 191 allows 16-year-olds to donate blood with the permission of a parent or legal guardian and removes the parental consent provision for 17-year-olds. HAP supported the bill.

Pending

Prescription for Pennsylvania - Representative Todd Eachus (D-Luzerne) introduced House Bill 700 , which would enact Governor Rendell’s Prescription for Pennsylvania health plan. While action on this bill is not expected, it serves as a template for various provisions in the Governor’s plan. HAP opposes the bill in its present form.

Market Conduct

Antitrust - Senator Bob Mellow (D-Lackawanna) introduced Senate Bill 203 , the Pennsylvania Antitrust Act. The bill states that a contract, combination, or conspiracy in restraint of trade or commerce in Pennsylvania is unlawful. HAP supports the bill.

Certificate of Need - Representative Phyllis Mundy (D-Luzerne) introduced House Bill 305 , which re-establishes the certificate of need program for health care facilities. HAP opposes the bill.

Self-Referral - Representative Tony DeLuca (D-Allegheny) introduced House Bill 1750 , The Patient Self-Referral Act. The bill states that a health care provider may not refer a patient for the provision of designated health services to an entity in which the health care provider is an investor or has an investment interest. The legislation also establishes requirements for accepting outside referrals for diagnostic imaging. HAP supports the bill with changes.

Blues Merger Oversight - The Senate voted 29-19 to approve House Bill 966 , which defines long-term care insurance. The bill was amended by the Senate to provide oversight on any merger or consolidation of any Blues plans. The language is similar to what the Senate previously had approved in House Bill 112 . HAP supports the bills.

Medical Liability

Peer Review Liability - House Bill 1822 , introduced by Representative Brian Cutler (R- Lancaster), amends the Peer Review Protection Act further providing for immunity from civil or criminal liability for persons furnishing information to any review organization provided the person has exercised due care. The bill also provides protection from retaliation. HAP supports the bill.

Argument of Damages - At the request of HAP, the Pennsylvania Medical Society, the Insurance Federation of Pennsylvania, and the Pennsylvania Chamber of Business and Industry, the House Judiciary Committee did not act on House Bill 1389 , sponsored by Representative Don Walko (D-Allegheny). The bill provides for permissible argument as to damages at trial in any civil action. HAP opposes the bill.

Alternative Dispute Resolution - Representative Doug Reichley (R-Lehigh) introduced House Bill 1343 , which provides for mandatory arbitration by stating that if the parties cannot settle an action commenced against a health care provider, then the parties must submit the case to mandatory arbitration. Awards at arbitration would be limited to economic damages, reasonable attorney fees, and not more than $250,000 for non-economic damages per plaintiff. HAP supports the bill.

Joint and Several Liability - Representative Mike Turzai (R-Allegheny) reintroduced House Bill 850 , which reforms joint and several liability. The bill is identical to legislation passed last year but vetoed by Governor Rendell. HAP supports the bill.

Medical Liability Demonstration - Senator Jane Orie (R-Allegheny) introduced Senate Bill 678 , which establishes a demonstration program to evaluate an alternative to the present medical liability system. The legislation is in response to Senate Resolution 160 , which directed the Joint State Government Commission to conduct a study on the feasibility of creating a new medical liability system. HAP and the Pennsylvania Medical Society helped in the development of the bill. HAP supports the bill.

Medical Liability Coverage Limits - Senator Stewart Greenleaf (R-Montgomery) introduced Senate Bill 224 , which amends the Mcare Act to permit health care providers (other than a hospital) to be insured or self-insured below the mandated amount. HAP opposes the bill since it likely would result in a number of physicians having insufficient resources to pay medical liability claims and thus shift responsibility to hospitals under Pennsylvania’s joint and several liability rule. HAP opposes the bill.

Mcare Assessments - Senator Greenleaf introduced Senate Bill 225 to allow health care providers to pay the annual Mcare assessment in equal installments. HAP supports the bill.

Mcare Abatement - Senator Don White (R-Indiana) introduced and the House amended Senate Bill 1137 , which amends the Mcare Act by extending abatements through 2008. Additionally, this bill provides the Insurance Commissioner with the power to incrementally increase by $50,000 medical liability basic coverage, with a corresponding decrease in Mcare fund coverage. The bill sets up a new Medical Coverage Availability for Pennsylvanians (MCAP) reserve fund. Fifty percent of the annual total amount in the fund would be used to reduce the unfunded liability, and the other 50 percent would provide assistance to certain small business employers in covering their low-wage uninsured, and for access to affordable health care coverage for uninsured low-income adults. Money in the MCAP reserve fund would not be used until legislation is enacted that provides assistance to certain small business employers and provides access to affordable health insurance coverage for uninsured low-income adults. If the legislation is not enacted within 90 days, the Mcare abatement for the calendar year beginning January 1, 2008, would end, and the surplus would be used to pay off the remaining claims in the system. Also, birth centers would retain eligibility for abatement through calendar year 2007, but beginning during calendar year 2008, birth centers would be eligible for an abatement pursuant to section 1104(b)(1). HAP supports the bill and opposes the House amendment.

Mcare Abatement - House Bill 1973 , introduced by Representative Josh Shapiro (D-Montgomery), amends the Mcare Act by expanding the program to provide assistance in the form of assessment abatements to health care providers for one year. This bill also includes two new criteria under Section 1103 (Eligibility); the first requires health care providers to file and pay state taxes; and the second will require health care providers have to attend at least one commonwealth-sponsored independent drug information service session to be eligible for the program. An independent drug information service session is defined in the act as a university-based outreach program intended to promote unbiased, high-quality evidence-based, patient-centered, cost-effective pharmaceutical decisions. The health care provider retention program is extended through 2009. HAP supports the bill.

Mcare Abatement/Volunteer Medical Liability - House Bill 489 , introduced by Representative Curt Schroder (R-Downingtown), originally addressed the liability of volunteers providing services to patients and the amount of continuing education requirements for those providers; however, the Senate amended the bill to include MCARE abatement language similar to Senate Bill 1137 by allocating 25 percent of the Health Care Provider Retention Account to the Patient Safety Trust Fund in the Department of Public Welfare; 25 percent of the fund to the Medical Safety Automation Fund establishing grants for providers to develop electronic records, with the remaining 50 percent of the fund used to reduce the unfunded liability of the MCARE fund. HAP supports the bill.

Non-economic Damages - Senator Jake Corman (R-Centre) introduced Senate Bill 50 , a Joint Resolution proposing an amendment to the state’s Constitution to add that the General Assembly may not limit the recovery of economic damages for injuries resulting in death, or for injuries to persons or property, and may by statute limit the recovery of non-economic damages. House Bill 860 , sponsored by Representative Mike Turzai (R-Allegheny) also would amend the state Constitution to allow the General Assembly to enact statutory limits on non-economic damages. HAP supports the bills.

Innocent Seller - Representative Dave Reed (R-Indiana) introduced House Bill 470 , providing for liability rules applicable to product sellers and manufacturers. The legislation states that no product liability action based on the doctrine of strict liability in tort may be commenced or maintained against any seller of a product which is alleged to contain or possess a defective condition unreasonably dangerous to the buyer, user, or consumer unless the seller also is the manufacturer of the product or the manufacturer of the part thereof claimed to be defective. HAP supports the bill.

Disclosure - Representative Daylin Leach (D-Montgomery) introduced House Bill 311 , which makes expressions of sympathy following an accident or error inadmissible in civil court to prove liability. The bill is intended to encourage full disclosure of mistakes or errors in judgment by eliminating physicians’ and hospitals’ fear that their admissions will be used against them in a court of law. HAP supports the bill.

Licensure

Health Department Inspections - Representative Tony DeLuca (D-Allegheny) introduced House Bill 1694 , which requires the Department of Health to conduct an annual survey of every licensed hospital. HAP opposes the bill on the basis that it is unnecessary and costly. HAP opposes the bill.

Licensing of Sleep Centers - House Bill 1264 , sponsored by Representative Tim Solabay (D-Allegheny), amends the Health Care Facilities Act by defining sleep centers as a health care facility subject to licensure by the Department of Health. Free-standing sleep centers currently are not subject to review as are hospital centers that are reviewed under licensure of hospitals. HAP supports the bill.

Medical Assistance

Welfare/Medicaid - House Bill 83 , introduced by Representative Tony DeLuca (D-Allegheny), amends the Public Welfare Code in the areas of reporting, recipient identification, eligibility verification, local administration, fraud detection, and personal care home information. HAP opposes the bill.

Welfare Reform - Representative Mike Turzai (R-Allegheny) introduced House Bill 1820 , which amends the Public Welfare Code providing for budget implementation and for work requirements for general assistance. The bill states that state appropriations for the department only may be increased at maximum by the rate of inflation. The bill also creates the Working Families and Individuals Independence Act, which includes mandatory work requirements for a work-eligible individual receiving assistance. HAP is reviewing the bill.

Illegal Aliens - Senator Joe Scarnati (R-Jefferson) introduced Senate Bill 9 , which requires identification of lawful presence in the United States as a prerequisite to the receipt of public benefits. The bill requires any person who is at least 18 years of age and applies for public benefits from an agency to show proof that they are a United States citizen or legal permanent resident or is otherwise lawfully present in the United States pursuant to federal law. HAP is reviewing the bill. HAP is reviewing the bill.

Hospital Governance

Public Access to Records and Meetings - Senator Pat Browne (R-Lehigh) introduced Senate Bill 780 , which requires boards of nonprofit hospitals to comply with the state’s open meeting requirements. Senator Browne also introduced Senate Bill 781 , which amends the state’s Right-to-Know Law to require nonprofit hospitals to comply with open examination and inspection requirements pertaining to certain documents. Senator Browne has agreed with HAP that these bills would interfere with the governance of private nonprofit hospitals. He will not push for action on these bills, but wants to have further discussions with HAP about what information should be made public. HAP opposes the bills.

Workforce/Professional Licensure/Physician Recruitment and Retention

Medical Residents - Senator Michael Stack (D-Philadelphia) introduced Senate Bill 1224 , the Medical Resident and Patient Safety Act. The bill limits the number of hours a medical resident can work in a hospital. The bill provides for whistleblower protections and fines. HAP opposes the bill.  

Prohibition of Mandatory Overtime - Representative Dan Surra (D-Clearfield) introduced House Bill 834 , the Prohibition of Excessive Overtime in Health Care Act. The bill states that a health care facility may not require an employee to work in excess of an agreed to, predetermined, and regularly scheduled daily work shift. The refusal of an employee to accept work in excess of the limitations set in this bill would not be grounds for discrimination, dismissal, discharge, or any other employment decision adverse to the employee. Senator Tina Tartaglione (D-Philadelphia) introduced Senate Bill 835 , the Health Care Worker and Patient Protection Act, which would establish guidelines for mandatory overtime for the protection of patients and health care workers. HAP opposes the bills.

Physician Assistants - House Bills 1999 and 2051 , introduced by Representative Tim Seip (D-Berks), amends the Medical and Osteopathic Practice Acts, to reflect the changes in physician assistants’ expanded scope of practice as a result of the passage of Acts 46 and 47 during July. Liability limits were inserted into these bills to mirror what now is required for all mid-level practitioners. The language addressing liability has been clarified so that individuals employed can be covered by the employer’s policy. HAP supports the bills.

Nurse Staffing Ratios - Representative Tim Solobay (D-Washington) introduced House Bill 171 , which requires health care facilities to adopt staffing requirements and acuity systems for all nursing staff. HAP opposes the bill.

Nursing Shortage - Representative Mark Cohen (D-Philadelphia) introduced House Bill 861 , the Nursing Shortage Initiative Act. The bill provides an incentive to Pennsylvania nurses and Pennsylvania students who pursue higher education and training in nursing programs to seek and accept full-time employment in underserved areas through the establishment of the Nursing Shortage Initiative Program in the Department of Labor and Industry, which would be for repayment of student loans for nurses providing direct patient care in underserved areas. HAP supports the bill.

Physician Loan Forgiveness - The House approved House Bill 1093 , the Physician Retention Loan Forgiveness Act, sponsored by Representative Josh Shapiro (D-Montgomery). The bill intends to improve patient access to health care by assisting with recruitment and retention of physicians. A physician accepted into the program practicing full-time may be reimbursed an amount up to 100 percent of the total loan for physician training after ten years of service (10 percent per year). The bill is limited to physicians practicing in family medicine, internal medicine, pediatrics, and obstetrics. The bill gives first preference to physicians who are recipients of loans who agree to practice in medically underserved or in primary care health professional shortage areas. HAP supports the bill.

Health Careers - House Bill 1573 establishes the Pennsylvania Center for Health Careers, which would be governed by the new Health Careers Leadership Council. The bill includes the HAP amendment to include representatives of statewide health care associations on the council. HAP supports the bill.

Respiratory Therapist Licensure - House Bill 1804 , introduced by Representative John Yudichak (D- Luzerne), will change Respiratory Care Practitioners currently certified by the Medical Board to licensed Respiratory Therapists. There are education, examination, and fee structures in the bill. HAP supports the bill.

Physical Therapists - Senator Pat Vance (R-Cumberland) introduced Senate Bill 868 , which amends the Physical Therapy Practice Act to permit physical therapist assistants to perform patient-related physical therapy acts and services that are assigned or delegated by and under the supervision of a licensed physical therapist in the residence of a patient or in a licensed health care facility where the patient has been admitted. HAP supports the bill.

Physical Therapy Assistants (PTA) - House Bill 1199 , introduced by Representative Curtis Thomas (D-Philadelphia) authorizes physical therapy assistants to work without direct supervision in outpatient settings, as long as the physical therapist is available to the PTA and participates in the care delivery at required intervals. Three PTAs can be supervised by a physical therapist (PT). Continuing education requirements were inserted for PTs, as well as a requirement for Masters Degrees after 2002. HAP supports the bill.

Nursing Home Staffing - Senator Leanna Washington (D-Philadelphia) introduced Senate Bill 649 , the Nursing Home Staffing Level Act. The bill provides for minimum staffing standards for nurse aides and licensed nursing personnel. HAP opposes the bill.

Nurse Anesthetists - House Bill 1256 , introduced by Representative Marc Gergely (D-Allegheny), changes the current State Board of Nursing requirement for “cooperation” between a physician and nurse anesthetist to one of “collaboration” as well as requiring the nurse to carry the same amount of malpractice insurance as a physician without eligibility for Mcare abatement. HAP supports the bill with changes.

Nurse Anesthetists - House Bill 341 , introduced by Representative Stephen Barrar (R-Delaware) limits the administration of sedation other than “conscious sedation” to nurse anesthetists. HAP supports the bill with changes.

Profusionists - House Bills 500 and 501 introduced by Representative Dante Santoni (D-Berks). Both bills will prohibit the use of anyone not licensed in Pennsylvania from performing a perfusionist scope of practice. There are fewer than 200 perfusionists in Pennsylvania. Out-of-state perfusionists will have to apply for licensure. HAP was successful in amending the bill to include the use of out-of-state perfusionists in emergency situations. There are companion bills in the Senate, Senate Bills 429 and 430 , introduced by Senator Rob Wonderling (R–Montgomery). HAP supports the bills with changes.

Rest Periods - Representative Dan Surra (D–Clearfield) introduced House Bill 632 , the Rest Period for Workers Act, which requires that no individual be employed or permitted to work for more than five hours continuously in any establishment without a meal or rest period of at least 30 minutes. This would not apply to employers who are police and fire departments, public ambulance services, or providers of emergency medical services. HAP opposes the bill.

Insurance

Health Insurance Reform - House Bill 2005 , sponsored by Representative Tony DeLuca (D-Allegheny), would require health insurers to continue to cover children up to the age of 29 if they are not married, have no dependents, are a Pennsylvania resident, or full-time student in the state, and are not covered by another health insurance policy. Employers would not be required to contribute to increased premium charges. The bill includes a provision on affordable small-group health coverage which would require insurers to offer a plan meeting minimum benefits specified in a standard plan developed by the Insurance Department. HAP supports the bill.

Single-Payer Health Plan - Senator Jim Ferlo (D-Allegheny) introduced Senate Bill 300 , The Family and Business Health Care Security Act. The bill provides for a statewide single-payer health care system to replace the current employer-based system, and creates the Pennsylvania Health Care Agency, to be funded by an increase in business taxes and personal income taxes. The agency would set reimbursement rates, benefits, and hospital capital expenditures. A companion bill was introduced in the House by Rep. Kathy Manderino (D-Philadelphia), House Bill 1660 . HAP opposes the bills.

Provider Payments - Representative Bryan Lentz (D-Delaware) introduced House Bill 685 , which provides for fair medical bill payments to certain health care providers and institutions for care, treatments, and services covered under health insurance policies. HAP supports the bill.

Health Provider Joint Negotiations - Senator Connie Williams (D-Montgomery) introduced Senate Bill 52 , the Health Care Provider Joint Negotiation Act, which authorizes independent health care providers to jointly negotiate with a health care insurer and engage in related joint activity. HAP opposes the bill.

Hospital Plan and Professional Health Service Corporations - Representative Phyllis Mundy (D-Luzerne) introduced House Bill 298 , which requires that hospital plan corporations and professional health service corporations maintain reserves in such form and amount as the Insurance Department may determine, and would require that such plans return any excess reserves to reduce health insurance premiums. HAP supports the bill.

Health Insurance - The House approved House Resolution 334 , sponsored by Representative Vince Biancucci (D-Beaver). The resolution directs the appointment of a task force to study affordable health care insurance, health care access, and quality health care services for Pennsylvanians. HAP supports the bill.

Dependent Health Insurance Coverage - House Bill 1556 , sponsored by Representative Mark Longietti (D-Mercer) and part of the Governor’s health plan, permits insurance companies to cover dependent children up to 30 years of age on a parent’s health insurance policy under certain conditions. HAP supports the bill.

Managed Care - Representative Bryan Lentz (D-Delaware) introduced House Bill 933 , the Managed Care Plan and Participating Provider Contracting Act. The bill is intended to protect health care consumers by ensuring that managed care plans enter into contracts with health care providers that are equitable and reasonable, provide both parties with clearly articulated and well-defined terms and parameters, and assure the long-term financial viability of both the plans and providers. HAP supports the bill.

Small Group Health Insurance - Senator Charles McIlhinney (R-Bucks) introduced Senate Bill 1018 , the Pennsylvania Health Care Security Act. The bill seeks to promote the availability of health insurance coverage to individuals and small employers regardless of their health status in order to prevent abusive rating practices, to spread health insurance risk more broadly, to establish rules regarding renewability of coverage, and to establish limitations on the use of preexisting condition exclusions. The legislation imposes restrictions relating to premium rates for small employer group health benefit plans, provides for renewability and availability of coverage, establishes standards to assure fair marketing, and provides for powers and duties of the Insurance Commissioner. HAP supports the bill.

Health Insurance Coverage - Senator Ray Musto (D-Luzerne) introduced Senate Bill 13 , which provides for optional health insurance coverage for dependent children enrolled full-time in college. Employers would not be required to contribute to any increased premium charged by the insurer for the exercise of this option, but such contributions may be agreed to by the employer. The bill enacts a provision in the Governor’s health plan. HAP supports the bill.

Mandated Health Benefits - Representative Scott Boyd (R-Lancaster) introduced House Bill 165 , which places a moratorium on mandated health care benefits to allow for a cost-benefit analysis. According to the Pennsylvania Chamber of Business and Industry, mandated benefits, when combined, can add 20 to 50 percent to the cost of basic health care. Pennsylvania has 31 existing coverage mandates for health care plans. HAP supports the bill.

Physician Fee Disclosure - Senator Tommy Tomlinson (R-Bucks) introduced Senate Bill 89 , which requires health insurers to disclose fee schedules and methodologies. HAP supports the bill.

Health Benefit Tax Credits - Representative Scott Boyd (R-Lancaster) has introduced House Bill 121 , which would provide tax credits to small businesses that offer a Health Savings Account/high-deductible health care plan to employees. The bill would apply to businesses with 100 or fewer employees. Senator Andrew Dinniman (D-Chester) introduced Senate Bill 30 , which would establish a health care access tax credit program to improve the availability and delivery of health care and health care services to Pennsylvanians. HAP supports the bills.

School Health Benefits - House Bill 1841 , introduced by Representative Dan Surra (D-Elk), will allow all school district employees to be consolidated under one health care plan, providing for a better leveraging of costs for the purpose of purchasing health insurance benefits. HAP is reviewing the bill. 

Patient Care/Patient Safety

Obstetrics and Neonatal Services - Senate Bill 966 , sponsored by Senator Jane Orie (R-Allegheny), and House Bill 1514 , sponsored by Representative Kathy Manderino (D-Philadelphia), are known as the Access to Obstetrical and Neonatal Care Act, and provide additional payments to qualifying rural and non-rural hospitals that have a high volume or percentage of Medicaid cases. HAP supports the bills.

Child Deaths - Senator Lisa Baker (R-Luzerne) introduced Senate Bill 684 , the Child Death Review Act. The bill provides for the establishment of the Child Death Review Program, which would develop state and local teams to examine the circumstances surrounding deaths for the purpose of promoting safety and reducing child fatalities. HAP supports the bill.

Physician Charge Information - House Bill 2028 , introduced by Representative Jerry Stern (R-Blair), amends the Health Care Cost Containment Act by renaming the council as the Health Care Cost Containment and Comparison Council. The council would compile and establish an Internet database for the general public showing physician charge comparisons for common services and treatments. The bill states the council’s data abstraction and technology work group would develop a system of data collection and analysis on physician charges for common services and treatments working with council staff and outside third-party venders as needed and authorized by the council. The physician charge comparison would contain data on reimbursement rates for adultBasic, CHIP, Medicaid, medical assistance, Medicare, and insurer reimbursement rates by insurer. The physician charge comparison would be available to consumers by January 1, 2009. The bill also prohibits the council from requiring a single vendor for the submission of hospital data. Lastly, the bill extends the expiration date of the act to June 30, 2011. HAP is reviewing the bill.

Whistleblower - Representative Tony DeLuca (D-Allegheny) introduced House Bill 742 that amends the Mcare Act by adding many provisions related to whistleblower protection and a reporting system for medical errors. The bill would require the Patient Safety Authority to maintain a statewide confidential, toll-free telephone line to enable health care practitioners to report on patient safety and maintain anonymity. The authority would review all complaints in conjunction with external quality review teams. HAP opposes the bill.

Burn Centers - Senator Dominic Pileggi (R-Delaware) introduced Senate Bill 610 , which provides additional Medicaid funds to maintain the availability of, and access to, comprehensive hospital burn center care. HAP supports the bill.

Umbilical Blood Cord Banking - House Bill 874 , sponsored by Representative Art Hershey (R-Chester), provides for umbilical cord blood banking by requiring health care facilities and providers to give pregnant patients information, and requiring health care facilities to permit pregnant patients to arrange for donations. HAP supports the bill.

Emergency Contraception in the ER - House Bill 288 , sponsored by Representative Daylin Leach (D-Montgomery), places requirements on hospitals and health care facilities that provide services to sexual assault victims to provide medically accurate information to the victim, as well as offer the victim a full regimen of emergency contraception to prevent ovulation or fertilization of an egg. Further, the Department of Health has the responsibility to develop materials to be used by the health care facility. The bill does not contain exceptions for religious facilities. HAP supports the bill with changes.

Motorcycle Helmets - Representative Dan Frankel (D-Allegheny) introduced House Bill 945 , which would reverse the 2003 law that made wearing a helmet optional for most motorcycle riders in Pennsylvania. An increase in the number of motorcycle deaths has been linked to the repeal of the helmet law. HAP supports the bill.

Adverse Health Care Events - At HAP’s request, the House Health and Human Services Committee did not vote on House Bill 353 , sponsored by Representative Tony DeLuca (D-Allegheny). The bill requires health facilities to report to the Department of Health the occurrence of any of the enumerated adverse health care events no later than 15 working days after discovery of the event. Adverse health care events include an infant discharged to the wrong person, surgery performed on the wrong patient, surgery performed on a wrong body part, and patient death or serious disability associated with a medication error. HAP opposed the bill since hospitals and ambulatory surgical centers already report serious event information to the Patient Safety Authority and the Department of Health.

Newborn Screening - House Bill 883 , sponsored by Representative George Kenney (R-Philadelphia), was approved by the House Health and Human Services Committee. The bill amends the Newborn Child Testing Act by requiring the Department of Health to establish a program for screening tests of newborn children for phenylketonuria (PKU), maple syrup urine disease (MSUD), sickle-cell disease (hemoglobinopathies), galactosemia, congenital adrenal hyperplasia (CAH), and primary congenital hyperthyroidism. Follow-up services relating to confirmatory screening, testing, assessment, and diagnosis of newborn children with abnormal or inconclusive screening test results are provided for numerous listed diseases. HAP supports the bill.

Clean Indoor Act - The Senate approved Senate Bill 246 , sponsored by Senator Stewart Greenleaf (R-Montgomery), by a vote of 33-17. The bill includes some exemptions where smoking would be permitted. These include cigar bars, private clubs, and a quarter of the floor space in casinos, non-profit fund-raisers, and residential facilities. The Governor indicated that he would veto the bill because it includes an exemption for unregulated child care facilities. The House may vote on similar legislation, House Bill 1541 , sponsored by Representative Mike Gerber (D-Montgomery). This bill has exceptions for private homes, cigar bars, and up to 25 percent of rooms in a hotel. Smoking would be barred in casinos and any home used for child care services. HAP supports the bill.

Health Information Technology

Health IT Grants - The Senate unanimously approved Senate Bill 8 , sponsored by Senator Rob Wonderling (R-Montgomery). The Medical Safety Automation Fund (M-SAF) Act would provide grants to health care providers or regional health information organizations to implement medical safety automation systems. The amount of a grant to any specific health care provider or regional medical safety automation organization would not exceed $1 million, and an applicant for a grant would provide matching funds in the amount of 100 percent of the amount of the grant. The bill provides that no less than 60 percent of available funds are to be awarded in rural areas. HAP supports the bill.

E-Prescribing - Senator Connie Williams (D-Philadelphia) introduced Senate Bill 1094 , which requires every health care facility to provide access to an e-prescribing system for use by all medical staff by September 1, 2008. The bill also provides grants to assist health care facilities in acquiring such systems. The bill implements a provision in the Governor’s health reform plan. HAP supports the bill with changes.

E-Prescribing - Senate Bill 14 , sponsored by Senator Connie Williams (D-Montgomery), amends the Insurance Code providing for electronic prescriptions by requiring health care facilities to develop a full and complete implementation plan with specific goals, key performance indicators, and timelines for an e-prescribing system. HAP supports the bill with changes.

Telemedicine - Senator John Gordner (R-Columbia) introduced Senate Bill 828 , the Gaining Access to Physicians (GAP) Program Act. The bill would establish the GAP Program, which would be administered by the Department of Public Welfare in accordance with the requirements for qualified state telemedicine reimbursement. HAP supports the bill since it provides for payment of services delivered via telemedicine.

Teleradiology - Senator Rob Wonderling (R-Montgomery) introduced Senate Bill 819 , which requires all physicians practicing teleradiology to have a Pennsylvania license. HAP supports the bill with changes.

Financial

Payment Denial for Preventable Serious Events - House Bill 2098 , introduced by Representative Tony DeLuca (D-Allegheny), establishes a process for insurers to deny or reduce payment for preventable serious events as identified by CMS. The Department of Health is responsible for investigating health care facilities while the Department of State investigates individual practitioners seeking payment for a preventable serious event. The Department of Welfare would establish payment policies for Medicaid. HAP supports the bill.

Tax-Exemption - Representative Bob Freeman (D-Northampton) introduced House Bill 2018 , which would establish the Tax-Exempt Property Municipal Assistance Fund to provide assistance to those municipalities with tax-exempt property amounting to more than 17 percent of the assessed value. The fund would receive revenue from the Johnstown Flood Tax. HAP supports the bill.

Community Benefits - Representative Todd Eachus (D-Luzerne) introduced House Bill 1661 , which amends the Institutions of Purely Public Charity Act by limiting the definition of contributions. HAP opposes the bill on the basis that opening the bill could lead to further amendments that could redefine the charitable obligations of nonprofit organizations.

Research - House Bill 1142 , sponsored by Representative Chelas Wagner (D-Allegheny), amends the Tobacco Settlement Act that creates the Jonas Salk Legacy Fund Program, and establishes criteria for the application process for funding and approvals. It also creates the Jonas Salk Legacy Fund Board and establishes the board’s makeup and duties. HAP supports the bill with changes.

Electric Rates - House Bill 1201 , sponsored by Representative Bud George (D-Clearfield), is scheduled for a vote in the House. This is part of the Governor’s energy independence program and would create a new tax on electricity users that would be used to pay off an $850 million bond. Most of the money from the bond would be given to alternative energy companies. The maximum tax on any one company/entity is supposed to be $10,000. Most of our hospitals would likely hit the $10,000 limit. HAP opposes the bill.

False Claims - Representative Mike Gerber (D-Montgomery) introduced House Bill 1523 . The bill would provide for liability for false claims, for treble damages, costs and civil penalties, for powers of the Attorney General, and for qui tam actions. Representative George Kenney (R-Philadelphia) introduced House Bill 329 , a similar False Claims Act. HAP supports the bills with changes.

Pharmacy Audits - Representative Mark Cohen (D-Philadelphia) introduced House Bill 1798 , the Pharmacy Audit Integrity Act. The bill provides for pharmacy audit procedures to establish minimum and uniform standards and criteria for the audit of pharmacy records. The bill also provides for an appeals process, third party resources, and prohibits the accounting practice of extrapolation in calculating recoupments or penalties for audits. HAP opposes the bill.

Reporting

Transparency - Senator Jay Costa (D-Allegheny) introduced Senate Bill 15 , which requires the Pennsylvania Health Care Cost Containment Council to establish the Pennsylvania Drug Retail Price Registry to make retail price information available to consumers for the 150 most frequently prescribed prescription drugs, together with their generic equivalents, where applicable. The bill is part of the Governor’s health plan. HAP supports the bill with changes.

Pennsylvania Health Care Cost Containment Council - Senator Rob Wonderling (R-Montgomery) introduced Senate Bill 547 . The bill prohibits the Pennsylvania Health Care Cost Containment Council (PHC4) from requiring hospitals to contract with a specific vendor for provider quality and service effectiveness data elements. HAP supports the bill because it will provide hospitals with greater flexibility in implementing quality and data reporting.

Pennsylvania Health Care Cost Containment Council - Representative Stan Saylor (R-York) introduced House Bill 1771 which would extend the authorization of the council until 2013. Currently, the council is scheduled to expire June 2008 unless reauthorized by the legislature. HAP opposes the bill.