This is a summary of those bills that have been introduced and enacted during the 2009-2010 legislative session. This information will be updated on a periodic basis.

Health Care Bills Signed into Law—Governor Ed Rendell has signed the following bills:

State Budget

House Bill 254 (Act 49 of 2010) - The bill amends the Public Welfare Code to establish a new payment methodology for acute care hospitals and establishes a statewide hospital assessment to maximize federal funding. HAP supported the bill.

House Bill 2279 (General Appropriations Act of 2010) - The General Assembly approved a $28.05 billion spending plan for fiscal year 2010-2011. The plan relies on $850 million from increased federal Medicaid funding that has yet to be approved by Congress. HAP supported the bill.

House Bill 1416 (General Appropriations Act 10 of 2009) includes spending amounts for fiscal year 2009-2010. All of the hospital supplemental payments received restorations. While the restorations were improved from the various legislative budget proposals, they are still at an amount lower than was spent during fiscal year 2008-2009.

House Bill 1614 (Act 50 of 2009). In passing this year’s state budget, the General Assembly put forward changes in the state’s fiscal code and tax code to: transfer $708 million from the Health Care Provider Retention Account (HCPRA) to the General Fund and transfer an additional $100 million from the Mcare Fund to the General Fund; create ongoing funding for the state’s General Fund by redirecting the cigarette tax revenues ($170 million per year) from HCPRA to the General Fund; and redirect the Auto CAT Fund surcharge ($44 million per year) from the Mcare Fund to the General Fund.

Other

Center for Health Careers (Act 41 of 2010) - The General Assembly passed Senate Bill 174 , sponsored by Senator Tina Tartaglione (D-Philadelphia), which amends the Workforce Development Act to formally establish the Pennsylvania Center for Health Careers.  The center’s focus is to increase the capacity for nursing education; to retain health care workers; to increase diversity in the health care workforce; to respond to the demand for allied health workers, and to address the needs of direct care workers. HAP supported the bill.

Circulating Nurses - Governor Rendell signed into law House Bill 1641 (Act 32 of 2010), sponsored by Representative Mauree Gingrich (R-Lebanon). The bill requires a circulating nurse in all operating rooms during any surgical procedure and requires a registered nurse to be the circulating nurse in the operating room of a hospital or Class C ambulatory surgical facility. Current hospital licensure regulations require circulating nurses to be registered nurses. Thirty-eight other states require a circulating nurse in the operating room when sedation is necessary. HAP supported the bill.

Pharmacy Act - House Bill 1041 (Act 29 of 2010), introduced by Representative Deberah Kula (D-Fayette/Westmoreland), was approved by the General Assembly and signed by the Governor. The bill permits a pharmacist to enter into a collaborative agreement with a physician to perform drug therapy management outside of an institutional setting if the pharmacist meets certain requirements. HAP supported the bill.

CHIP Reauthorization - Senate Bill 237 (Act 14 of 2010), sponsored by Senator Jake Corman (R-Centre), includes a provision to extend the Children’s Health Insurance Program (CHIP) through 2013. The program provides health insurance to nearly 200,000 children. HAP supported the bill.

Impersonators - House Bill 416 (Act 12 of 2010), sponsored by Representative Bryan Barbin (D-Cambria) protects Pennsylvanians by criminalizing impersonation of licensed professionals or licensed occupations. House Bill 416 was amended in the Senate to extend the state’s penalties for impersonation to include any licensed occupation or profession. The impersonator of any licensed occupation or profession would be subject to either a first-degree or second-degree misdemeanor charge depending on whether the intent of the impersonation was to harm, defraud, or injure someone. HAP supported the bill.

Emergency Medical Services - Senate Bill 240 (Act 37 of 2009), which updates the Emergency Medical Services System Act, requires the Department of Health to plan, guide, and coordinate programs to promote effective and efficient operation of statewide and regional EMS systems. HAP supported the bill because it better reflects current practices.

Unemployment Compensation - House Bill 1770 (Act 30 of 2009) extends unemployment compensation benefits by seven weeks for those who have exhausted the current 72-week availability. The measure allows Pennsylvania to collect $145 million in stimulus money to aid in the payments. Costs for private businesses are covered using funds from the federal stimulus package, but state and municipal governments will be responsible for millions in benefits for their former employees. According to state officials, more than 17,000 Pennsylvanians exhausted their unemployment benefits as of July 21. HAP supported the bill.

Health Insurance for Dependent Adults - Senate Bill 189 (Act 4 of 2009) allows some dependent adults to receive health insurance benefits through their parents’ plans until they are age 30. HAP supported the bill.

PHC4 - Senate Bill 89 (Act 3 of 2009) reauthorizes the Pennsylvania Health Care Cost Containment Council (PHC4) through June 30, 2014. Key provisions of the law include the removal of the single-vendor requirement for reporting of quality data as well as measures providing for greater oversight and accountability of PHC4’s actions. HAP supported the bill.

Health Insurance for the Unemployed - House Bill 1089 (Act 2 of 2009) extends COBRA health benefits to companies with between two and 19 employees. HAP supported the bill.

Preventable Serious Adverse Events - House Bill 84 (Act 1 of 2009) prohibits a health care provider from seeking payment for a preventable serious adverse event. HAP supported the bill.

Other bills that are pending include the following:

Health Information Technology

Health Information Technology - Representative Rick Taylor (D-Montgomery) introduced House Bill 2106 , the Health Information Technology Act. The bill establishes the Pennsylvania Health Information Exchange to promote the expansion of and use of health information technology. HAP supports the bill.

Health Information Technology - Senator Mike Folmer (R-Lebanon) introduced Senate Bill 8 , the Health Information Exchange Act. The bill establishes a system for the exchange of health information technology. HAP supports the bill since it requires the commonwealth to seek comprehensive proposals to meet the needs of the health care community.

Electronic Prescriptions - The House Health and Human Services Committee approved House Bill 825 , sponsored by Representative Matt Baker (R-Tioga). The bill requires adoption of electronic prescriptions in health care facilities and provides incentive payments for adoption of health information technology. While HAP has some concerns with the bill, HAP supports the overall intent of the legislation.

Licensure and Tax Exemption

Facility Licensing - Representative Doug Reichley (R-Lehigh) introduced House Bill 2151 , which would amend the Health Care Facilities Act to provide for deemed licensure, as well as additional requirements for certain ambulatory surgical facilities. HAP supports the bill since it would reduce redundancy and streamline the licensure requirements of hospitals.

Nonprofit Municipal Services Fee - The Senate Democratic Policy Committee conducted a hearing in Pittsburgh on Senate Bill 1175 , sponsored by Senator Wayne Fontana (D-Allegheny). The bill would allow municipalities to tax nonprofit organizations a fee based on the amount of square footage they own within a municipality. Pittsburgh city officials testified that new revenue sources are needed to help with budget issues including limited capital for infrastructure improvements and an impending pension crisis. Non-profit organizations argued that they bring economic development, cultural and educational venues, and safety net organizations like food banks and health care providers to the region. HAP opposes the bill.

Insurance

False Claims - The House Health and Human Services Committee approved House Bill 1679 , sponsored by Representative Mike Gerber (D-Montgomery). The bill provides for liability for false claims, for treble damages, costs and civil penalties, for powers of the Attorney General, and for qui tam actions. HAP opposes the bill as drafted and worked to delay action on the bill.

adultBasic Health Insurance - House Majority Leader Todd Eachus (D-Luzerne) introduced House Bill 2455 , which would require the four Blue Cross/Blue Shield companies in Pennsylvania to provide funding for the adultBasic health insurance program. The program provides health care coverage to about 50,000 low-income individuals. HAP is reviewing the bill.

High-Risk Health Insurance Pool - The Senate Banking and Insurance Committee approved Senate Bill 507 , sponsored by Senator Mike Folmer (R-Lebanon). The bill would establish health insurance for individuals who are otherwise unable to obtain health insurance. Recently, Department of Health and Human Services Secretary Kathleen Sebelius asked governors and state insurance commissioners to express their interest in participating in the temporary high-risk pool program established by the new health insurance reform law; the program was created to help provide coverage to people who are uninsured because of pre-existing conditions. States may choose whether and how they participate in the program. The new health insurance reform law provides $5 billion in federal funds to support this new program. HAP is reviewing the bill.

Billing Transparency - The House approved House Bill 2521 , sponsored by Representative Tony DeLuca (D-Allegheny).  The bill requires more transparency in the billing of certain medical tests. HAP is reviewing the bill.

Medical Discount Plans - The House Insurance Committee approved House Bill 2573 , sponsored by Representative Bryan Barbin (D-Cambria), that would require the Pennsylvania Insurance Department to license and regulate all aspects of discount plan organizations, including their financial status, compliance with state law, treatment of consumers, and reporting requirements. HAP supports the bill since it would strengthen consumer protections.

Health Reform - The House Insurance Committee approved House Bill 2462 , sponsored by Representative Josh Shapiro (D-Montgomery), that would create the Pennsylvania Health Insurance Reform Implementation Authority. The authority would oversee all state-related health insurance programs and assist in implementing the new federal Patient Protection and Affordable Care Act. HAP is supportive of the intent of the bill.

Health Insurance - The House Insurance Committee plans to consider House Bill 2392 , sponsored by Representative Josh Shapiro (D-Montgomery). The bill would ensure that the recently expanded federal subsidy for COBRA apply to Pennsylvania’s mini-COBRA eligible consumers. HAP supports the bill since it will allow more individuals to purchase COBRA coverage. The committee also intends to consider House Bill 1865 , sponsored by Frank Burns (D-Cambria), which would provide for equal access to chemotherapy treatments that are utilized in treating cancer patients, eliminating barriers between different forms of chemotherapy (intravenous vs. oral) covered by different segments of an insured benefit plan. HAP supports the bill.

Small Group Reform - The House passed House Bill 746 , sponsored by Representative Tony DeLuca (D-Allegheny), which would prohibit insurance companies from using demographic or pre-existing condition information to price their plans. The Senate has no immediate plans to consider the bill. HAP supports the bill with changes to make it comply with federal law.

Hospital Plan and Professional Health Service Corporations - Representative Phyllis Mundy (D-Luzerne) introduced House Bill 354 , 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.

Diabetes Insurance Mandate - Representative Matt Smith (D-Allegheny) introduced House Bill 2552 , which amends the Insurance Company Law by providing for reimbursement for diabetic supplies by expanding required coverage to include medication and the treatment of pain associated with complications of diabetes. HAP is reviewing the bill.

Insurance Fraud - The House Insurance Committee approved House Bill 1750 , sponsored by Representative Bryan Barbin (D-Cambria). Under this bill, the Insurance Fraud Prevention Authority must require health care facilities to put up posters stating that there is a $25,000 reward for reporting insurance fraud. House Bill 1737 , introduced by Representative Bob Godshall (R-Montgomery), also addresses the same issue by amending the Insurance Department Act further providing for powers and duties of the Insurance Fraud Prevention Authority and for the Insurance Fraud Prevention Trust Fund by mandating that the authority require health care facilities to put up posters stating that there is a $25,000 reward for reporting insurance fraud when the report leads to a conviction. The Insurance Fraud Trust Fund is funded by an annual assessment on insurers. The bill states that the rewards shall be paid from the Insurance Fraud Prevention Trust Fund. The bill also allows the Trust Fund to be funded by forfeitures made under the act. The bill was approved by the Insurance Committee. HAP is reviewing both bills.

Physician Credentialing - Representative Flo Fabrizio (D-Erie) introduced House Bill 1912 , the Physician Credentialing Act. The bill provides for the credentialing of physicians with health insurers and provides requirements for physician payment during the credentialing process. Senator Michael O’Pake (D-Berks) introduced Senate Bill 1046 , the same bill in the Senate. HAP supports the bill since it follows national standards.

Pharmacy Audits - Representative Mark Cohen (D-Philadelphia) introduced House Bill 882 , the Pharmacy Audit Integrity Act. The bill establishes minimum and uniform standards and criteria for the audit of pharmacy records. The bill outlines procedures for conducting and reporting an audit and requires a written report on the audit to be provided to the pharmacy. The bill also provides for an appeals process, third party resources, prohibits the accounting practice of extrapolation in calculating recoupments or penalties for audits, and outlines standards for determining fraud. HAP supports the bill.

Pennsylvania Health Care Freedom Act - Two bills ( House Bill 2053 and House Bill 2179 , introduced by Representatives Matt Baker, R-Tioga and Curt Schroder, R-Chester) were introduced in response to the passage of federal health reform would allow Pennsylvania to opt out of any federal health program. HAP opposes the bills because they would increase the number of uninsured persons.

Market Conduct

Certificate of Need - Representative Phyllis Mundy (D-Luzerne) introduced House Bill 247 , which reenacts the certificate of Need program for health care facilities under the Department of Health. HAP opposes the bill since it would restrict local decision-making and increase health care costs.

Prohibitions on Self-Referral - The House Insurance Committee conducted a hearing on House Bill 2522 , the Prohibition on Health Care Provider Self-Referral Act (Chair Anthony DeLuca, D-Allegheny is the prime sponsor). Testifying in opposition to the bill were the Pennsylvania Ambulatory Surgery Association (PASA) and the Pennsylvania Medical Society (PMS). Testifying that the bill does not go far enough was the Pennsylvania Radiological Society. Urologists for Patient Access to Care testified in support of the bill. HAP sent a letter regarding the importance of this issue and requested additional opportunities for the committee members to hear other views on this subject to ensure that there is a balanced approach to assuring all patients access to quality care.

Medicaid

Critical Access Hospitals - Senator Lisa Baker (R-Susquehanna) introduced Senate Bill 417 , which requires the Department of Public Welfare to reimburse critical access hospitals at 101 percent of Medical Assistance allowable costs. Representative Matt Baker (R-Tioga) introduced House Bill 1130 , the same bill in the House. HAP supports the bill since it will help to preserve access to health care in rural areas.

Hospital Medicaid Payments - Representative Matt Baker (R-Tioga) introduced House Bill 417 . The bill provides that Medicaid hospital payment rates be adequate to provide incentives for provider efficiency, to facilitate beneficiaries’ access to high-quality care, and to offer cost-effective care. HAP supports the bill and worked with Rep. Baker on the development of the bill.

Rural Hospitals - Senator Don White (R-Indiana) introduced Senate Bill 981 , the Rural Community Hospital Act. The bill requires the Department of Public Welfare to reimburse certain rural community hospitals at 101 percent of the Medical Assistance allowable costs for inpatient hospital and outpatient hospital services provided to a Medical Assistance recipient. The bill complements Senate Bill 417 , which requires the Department of Public Welfare to reimburse a critical access hospital which is qualified to participate under Title XIX of the Social Security Act at 101 percent of Medical Assistance allowable costs. HAP supports the bill since it will help to preserve access to health care in rural areas.

Medicaid Managed Care - Senator Jane Orie (R-Allegheny) introduced Senate Bill 995 , which allows Medicaid managed care organizations to customize benefit packages for Medicaid recipients over the age of 21 or who are pregnant. HAP is reviewing the bill.

Medical Liability

Liability Bills - HAP joined with the Pennsylvania Medical Society, the Pennsylvania Health Care Association, the Pennsylvania Chamber of Business & Industry, the National Federation of Independent Business, the Insurance Federation of Pennsylvania, the Pennsylvania Association of County Affiliated Homes, and the Pennsylvania Nonprofit Homes for the Aging (PANPHA) in expressing opposition to four bills now pending before the House that would increase liability costs. House Bill 1095 and House Bill 2202 would expand the types of damages that can be recovered and the persons who can sue to recover them. House Bill 1444 would permit a jury to hear closing arguments on the amount of damages, both economic and non-economic, in civil cases. This change in current law will increase the cost of litigation and damages by appealing to a jury’s emotions. House Bill 2123 would prohibit the use of pre-treatment arbitration agreements. Arbitration has been a recognized mechanism to provide more rapid, less costly, and less formal resolution to some claims. The use of voluntary, binding arbitration, rather than the court system, to resolve medical liability claims is becoming more common, as health care providers attempt to control costs.

Mcare Fund - Senator John Rafferty (R-Chester) introduced Senate Bill 1174 , which amends the Mcare Act by establishing a commission to review all funding of the Mcare Fund. The bill states that “no funding shall emanate from the [Mcare] fund unless approved by a majority of the commission.” HAP supports the bill with changes to further define the methodology to determine Mcare assessments.

Mcare Fund - Representative Nick Micozzie (R-Delaware) introduced House Bill 1913 , which retires the Mcare Fund. The bill is similar to Senate Bill 1018 , introduced by Senator Ted Erickson (R-Delaware). The bill uses existing public funds to retire the estimated $1.66 billion in unfunded liabilities of the Mcare Fund, and it minimizes the financial impact on participating health care providers. HAP and the Pennsylvania Medical Society support the bills.

Apologies/Benevolent Gesture - Representative Dan Frankel (D-Allegheny) introduced House Bill 1804 , which would make any benevolent gesture made prior to the start of a medical liability action by a health care provider inadmissible as evidence of liability or an admission of guilt. The language in this bill is identical to Senate Bill 208 , sponsored by Senator Pat Vance (R-Cumberland). HAP supports the bill as a means of reducing medical liability lawsuits.

Limits on Non-economic Damages - Representative Bob Godshall (R-Montgomery) introduced House Bill 199 , which amends the Pennsylvania constitution to allow the General Assembly to enact laws limiting the amount of recovery for non-economic damages and punitive damages in medical liability actions. HAP supports the bill as a means to reduce medical liability costs.

Bad Faith - Senate Bill 746 , introduced by Senator John Rafferty (R-Berks), provides physicians with civil immunity when reporting to law enforcement authorities information regarding a patient who is using a controlled drug for illicit purposes. The bill includes an amendment on “bad faith” actions that is unrelated to the purpose of the bill. Pennsylvania’s “bad faith” law imposes interest, attorney fees, and punitive damages on insurers where the judge finds the insurer has acted in bad faith toward the insured. The amendment gives this determination to juries rather than judges. Bad faith claims are generally mixed questions of fact and law, and as such, are best left to judges with greater experience in the law than juries. Moving these cases from judges to juries will create less predictability and will lead to higher settlements and costs. HAP opposes the bill as amended.

Certificate of Merit - Representative Mike Turzai (R-Allegheny) introduced House Bill 530 , which strengthens the certificate of merit rule by requiring a medical expert to affirm that he has read the complaint and to submit a written and signed statement asserting that each allegation in the complaint has merit. HAP supports the bill since it would reduce the number of frivolous lawsuits.

Total Quality Management - The House Insurance Committee did not approve House Bill 246 , sponsored by Representative Phyllis Mundy (D-Luzerne) that provides for a 20 percent discount on Mcare Fund assessments to health care providers that implement a total quality management (TQM) program approved by the Department of Health. HAP opposed the bill because of its lack of definitions, conflicts with current provisions in the Mcare Act, and a lack of a funding mechanism in the bill.

Arguing Damages - HAP joined the Pennsylvania Medical Society and the Pennsylvania Chamber of Business and Industry in expressing opposition to House Bill 2246 , sponsored by Representative Will Tallman (R-Adams), which is currently under consideration in the Senate. An amendment, supported by the trial lawyers, that was inserted in the bill on the House floor prior to final passage allows lawyers to argue specific amounts for non-economic damages before the jury. While the amendment only applies to auto cases, it sets a precedent for the provision to apply to other cases, including medical liability. The amendment overturns the Supreme Court’s 1969 ruling in Wilson v. Nelson to not allow either side to argue specific amounts for non-economic damages, which the Court determined would allow the rhetoric of closing too much influence in a jury’s decision.   HAP, the Medical Society, and the Chamber secured a delay in the Senate on this bill pending hearings over the summer months.

Mcare Fund - Senate Banking and Insurance Committee Chairman Don White (R-Indiana) introduced Senate Resolution 362 , which directs the Legislative Budget and Finance Committee to conduct a study of the Medical Care Availability and Reduction of Error (Mcare) Fund. The review would include the Mcare Fund’s operations and expenses, claims practices, collection and remittance of assessments, selection and cost of defense counsel, and the validity and reliability of data in determining the number of actively practicing physicians in Pennsylvania. HAP supports the resolution.

Mcare Fund - Representative Mike Sturla (D-Lancaster) introduced House Bill 2544 , which amends the Medical Care Availability and Reduction of Error Act (Act 13 of 2002) to make permanent the basic insurance coverage amounts determined during 2005, and repeals sections dealing with unavailable capacity for basic insurance coverage. The liability limit of the Mcare Fund is made permanent at $500,000 for each incident and $1.5 million per annual aggregate. The provision dealing with actuarial data also is repealed along with a section dealing with discounts on surcharges and assessments. A similar bill, Senate Bill 1280, was introduced by Senator John Rafferty (R-Chester). HAP opposes these bills since they make permanent the Mcare Fund and do not allow for the Mcare Fund phase-out as described in Act 13.

Patient Care

Health Clinics - The Senate unanimously approved Senate Bill 5 , sponsored by Senator Ted Erickson (R-Delaware). The bill establishes the Community-Based Health Care (CHC) program in the Department of Health and provides financial support for hospital health clinics. HAP supports the bill. A similar bill, House Bill 1846 , was introduced by Representative John Pallone (D-Westmoreland).

Heart Disease and Stroke Care - The House approved House Bill 816 , sponsored by Representative Eddie Pashinski (D-Luzerne). The bill provides for the Department of Health to expand the heart disease and stroke programs. HAP supports the bill.

Sudden Infant Death Syndrome - The House approved House Bill 47 , sponsored by Representative Larry Curry (D-Montgomery). The bill promotes awareness and education relating to SIDS and SUDI and safe sleeping practices for newborns and infants. HAP opposes the bill since it would create additional administrative burdens and possibly increase liability exposure. A similar bill, Senate Bill 577 , was introduced by Senator John Pippy (R-Allegheny).

Hemophilia Care - The House approved House Bill 620 , sponsored by Representative Larry Curry (D-Montgomery). The Hemophilia Standards of Care Act mandates certain protocols for care. HAP opposes the bill since it mandates specific treatment protocols, rather than allowing clinical flexibility.

Radiologic Test Results - The House Health and Human Services Committee approved House Bill 1358 , sponsored by Representative Marguerite Quinn (R-Bucks). The bill requires the results of all diagnostic imaging tests to be sent to the patient by the entity that performs the test. HAP expressed concerns about sharing of test results without interpretation by a physician and the cost of notifying all patients. The bill is intended to ensure that patients are informed about test results, and the bill was developed in response to several situations where a physician failed to communicate with the patient about a positive test result. Members of the committee urged The Radiological Society of Pennsylvania, the Pennsylvania Medical Society, and HAP to work with the bill’s sponsor to further refine the bill.

Chronic Care - Representative Brendan Boyle (D-Philadelphia) introduced House Bill 2157 , which would establish the Pennsylvania Chronic Care Commission. The commission would be responsible for the design and implementation of an informational, technological, and reimbursement infrastructure needed to provide for widespread dissemination of information about chronic care among health care facilities. HAP is reviewing the bill.

Trauma Stabilization Act - The House Health & Human Services Committee approved House Bill 978 , introduced by Representative Todd Eachus (D-Luzerne), which amends the Pennsylvania Trauma Systems Stabilization Act. The bill further provides for accreditation of Level III trauma centers and for payment calculation of funding of trauma centers located in a third to eighth-class counties by establishing a 25-mile radius from existing Level I and II trauma centers to qualify for accreditation. The legislation also authorizes the foundation to determine progression towards accreditation as outlined by the foundation for up to four years for those hospitals seeking to be qualified as Level III trauma centers. HAP supports the bill.

Distractive Driving - The House voted to non-concur in the Senate amendments to House Bill 67 , sponsored by Representative Joe Markosek (D-Allegheny), which imposes stricter driving guidelines on teen motorists. The Senate amended the bill to make texting and cell phone use while driving secondary offenses. The House is seeking tougher penalties and is looking to establish a conference committee to work out differences with the Senate. HAP supports the bill, since it encourages safer driving for teenagers and adults, and is likely to reduce deaths and injuries.

Adult Abuse - Senate Bill 699 , introduced by Senator Pat Vance (R-Cumberland) extends Pennsylvania's law for protection from abuse to adults between the ages of 18 and 59 by replicating the current Protection from Abuse Act for Seniors. The bill establishes a reporting and investigative system for suspected abuse, neglect, exploitation or abandonment of adults; provides for protective services; and prescribes penalties. DPW would have regulating authority. HAP supports the bill.

Workforce

Overtime - Senator Pat Vance (R-Cumberland) introduced Senate Bill 1434 , which amends the state’s minimum wage law. The bill was introduced because of a Philadelphia court case that ruled employers may not use the federally recognized 8/80 scheduling for the purposes of calculating overtime. Pennsylvania’s Minimum Wage Act does not specifically cite the federal Fair Labor Standards Act sections allowing hospitals and nursing homes to use the 8/80 standard. Pennsylvania law states that the work week consists of 40 hours. The bill will correct this problem. Many collective bargaining agreements contain specific language related to the alternative scheduling. HAP supports the bill since it will prevent scheduling disruption and allow continued flexibility of using the 8/80 time frame.

Staffing Requirements - Senator Daylin Leach (D-Montgomery) introduced Senate Bill 742 , the Hospital Patient Protection Act. The bill mandates the adoption of specific registered nurse-to-patient staffing ratios in hospitals. Similar legislation, House Bill 147 , was introduced by Representative Tim Solobay (D-Washington). House Bill 1033 , introduced by Representative Bill Adolph (R-Delaware), requires a health care facility to develop and implement a professional nurse safe staffing plan based on patient acuity. HAP opposes the bills since they would impose new administrative burdens on hospitals while reducing the ability of hospitals to adjust staffing to meet changing patient needs.

Physician Loan Forgiveness - Representative Matt Baker (R-Tioga) introduced House Bill 891 , the Physician Retention Loan Forgiveness Act. HAP supports the bill since it will help to address physician shortages. Senator Ted Erickson (R-Delaware) introduced a similar bill, Senate Bill 527 .

Health Care Worker Identification - The House approved House Bill 1482 , sponsored by Representative Jennifer Mann (D-Lehigh). The bill requires health care workers in all patient settings to wear a photo identification badge. The bill allows for a phase in of the requirement by June 1, 2015. HAP supports the bill as it is consistent with existing hospital regulations and expands this requirement to all patient settings.

Pharmacy Technician Registration - The House approved House Bill 528 , introduced by Representative Tony De Luca (D-Allegheny), which requires state registration for pharmacy technicians. The bill establishes continuity of educational programs approved by the Board of Pharmacy and requires national certification or passage of a board examination to be registered in Pennsylvania. There is a two-year grandfather clause to accommodate those individuals currently practicing who do not meet the new criteria. The board would prepare regulations for the enforcement of the act. HAP supports the bill.

Professional Nursing - House Bill 1922 , introduced by Representative Jaret Gibbons (D-Beaver), establishes a scope of practice for mental health clinical nurse specialists. Currently the designation “clinical nurse specialist” is not defined in statute. HAP is reviewing the bill.

Prosthetists and Orthotists - House Bill 255 , introduced by Representative Mario Scavella (R-Monroe) and Senate Bill 630 , introduced by Senator Jeffrey Piccola (R-Dauphin), establishes national certification requirements for the licensure of prosthetists, orthotists, pedorthists and orthotic fitters. The bills define scope of practice, require continuing education and allow for a two-year grandfather clause if certain requirements are met. Hospitals, that have in-house practitioners currently performing services for three years immediately preceding application for licensure, would be covered by the grandfather clause. HAP does not oppose the bill.

Nurse Anesthetists - House Bill 1866 , sponsored by Representative Marc Gergely (D-Allegheny), was the subject of a hearing held by the House Professional Licensure Committee. The bill’s purpose is to place in statute the current regulations outlining the scope of practice for nurse anesthetists. The bill is opposed by the Pennsylvania Medical Society and the Pennsylvania Association of Anesthesiologists. Testifying in support of House Bill 1866 , on behalf of HAP, Jersey Shore Hospital President and CEO Carey Plummer emphasized the role of nurse anesthetists in small rural hospitals.

Whistleblower Protection - House Bill 521 , introduced by Representative Tony DeLuca (D-Allegheny) amends the Medical Care Availability and Reduction of Error Act by further providing for patient safety definitions, for powers and duties of the Patient Safety Authority to establish whistleblower protection for health care practitioners, and a reporting system for medical errors; and for powers and duties of the Department of Health, including imposing administrative penalties of up to $5,000 upon health care facilities for acts or omissions which impair patient safety or the quality of patient care. HAP opposes the bill. Another proposal was introduced by Representative Brian Ellis House Bill 2108 , which amends the Whistleblower Law by redefining “employer” as an entity that receives money from a public body and increases the fine from a maximum of $500 to $10,000. HAP is reviewing the bill.

Workforce Development Act - The House of Representatives voted unanimously to approve House Bill 2230 , sponsored by Representative Marc Gergley (D-Allegheny), that amends the state’s Workforce Development Act to create a new chapter for industry partnerships and to make permanent a program that existed administratively and not by statute. According to the Department of Labor and Industry, the program has helped nearly 6,200 employers and trained more than 75,000 workers in Pennsylvania (including hospitals). The bill now heads to the Senate for consideration. HAP supports the bill because it would enable the continuation of programs that have enabled funding and other initiatives that have increased the supply of health care workers in Pennsylvania.