The following is a summary of key laws and bills that impact hospitals and health systems enacted or under consideration during the 2013-2014 session.

Hospital Licensure Reform Legislation

Deemed Status - Representative Bryan Cutler (R-Lancaster) introduced House Bill 1190, which authorizes the Department of Health to grant “deemed status” licensure to facilities accredited by an approved national accreditation organization such as The Joint Commission. DOH would retain oversight over construction and renovation plans, as well as any complaints filed against a hospital, regardless of whether they have obtained “deemed status” for the purposes of licensure. In addition, the bill does not require that hospitals become accredited; non-accredited facilities would remain subject to DOH licensure regulations.

Status: HB 1190 passed the House by a vote of 194-0.
HAP Position: HAP supports the bill.

Reimbursement Legislation

Critical Access Hospitals - Representative Matt Baker (R-Tioga) introduced House Bill 278 which requires the Department of Public Welfare to reimburse critical access hospitals the same as the way Medicare pays critical access hospitals. On the Senate side, Senator Lisa Baker (R-Susquehanna) introduced Senate Bill 384, which is the same language.

Status: HB 278 was voted out of the House Health Committee and is on the floor of the House for second consideration.
HAP Position: HAP supports the bills.

Health Clinics - Senator Ted Erickson (R-Delaware) introduced Senate Bill 5 which establishes the Community-Based Health Care program in the Department of Health and provides financial support for hospital health clinics.

Status: The House passed Senate Bill 5 by a vote of 195-0.
HAP Position: HAP supports the bill.

Medical Liability Legislation

Apologies/Benevolent Gesture - Senator Pat Vance (R-Cumberland) introduced Senate Bill 379 which makes any benevolent gesture made prior to the commencement of a medical liability action by certain health care workers inadmissible as evidence of liability or an admission against interest. The legislation also is the reauthorization language for the Children’s Health Insurance Program (CHIP). Similar legislation was introduced in House Bill 57, sponsored by Representative Keith Gillespie (R-York); however, this legislation does not have language regarding CHIP.

Status: SB 379 was voted out of the Senate Insurance and Banking Committee and is now awaiting second consideration on the floor of the Senate.
HAP Position: HAP supports the bills.

MCARE - Representative Nick Micozzie (R-Delaware) introduced House Bill 86 which repeals a section of the Medical Care and Reduction of Error (MCARE) Act that relates to insurers and self-insurers’ claims-related data call reports that are made to the Insurance Department. Senator Folmer (R-Lebanon) sponsored identical legislation in Senate Bill 194, which was voted out of committee and is awaiting second consideration on the floor of the Senate.

Status: HB 86 was voted out of the House without amendment and was received in the Senate. SB 194 was voted out of the Senate Committee on Banking & Insurance and is awaiting second consideration on the floor of the Senate.
HAP Position: HAP supports the bills.

Tax-Exempt Status Legislation

Purely Public Charity - Senator Brubaker (R-Lancaster) introduced Senate Bill 4 which amends the Pennsylvania Constitution so that no other criteria other than those specified in legislation passed by the General Assembly may be used to determine the qualifications of a purely public charity. In the House, identical language has been offered by Representative Kerry Benninghoff (R-Centre) in House Bill 724.

Status: Senate Bill 4 passed the Senate by a vote of 30-20 and was referred to the House Finance Committee. House Bill 724 was voted out of the House Finance Committee and was placed on the House calendar to be brought up for a full chamber vote.
HAP Position: HAP and numerous not-for-profit entities support the bills.

Other Health Care Legislation

Controlled Substance Monitoring - Representative Gene DiGirolamo (R-Bucks) introduced House Bill 317 which establishes the Pharmaceutical Accountability Monitoring System (PAMS) program. The PAMS program would require the Department of Drug and Alcohol Programs to establish and maintain an electronic system for monitoring all scheduled drugs that are dispensed in Pennsylvania by all professionals licensed to prescribe or dispense such substances. Inpatient and hospice services are not affected. The bill provides for maintenance of PAMS and the privacy of prescription information.

Status: HB 317 was voted out of the House and Human Services Committee and awaits second consideration on the floor of the House.
HAP Position: HAP supports the bill.